Okla. Admin. Code § 195:3-1-6

Current through Vol. 42, No. 4, November 1, 2024

Section 195:3-1-6 - Procedure for hearings

(a) The hearing shall be conducted under the Administrative Procedures Act of the Oklahoma statutes and shall be presided over by the President of the Board, with the assistance of the judicial counsel the President shall designate a member of the Board to preside at the hearing in the case of absence or conflict. The rules of evidence used during the hearing shall be those specified by the Administrative Procedures Act. Witnesses shall be sworn upon oath and are subject to cross-examination. The President of the Board shall rule upon the admissibility of evidence or objections thereto, or upon other motions or objections arising in the hearing. The rulings of the President, in all questions, shall be the rulings of the Board unless reversed or modified by a majority vote of the Board.

(b) The Board may utilize the services and advice of the judicial counsel regarding any matter of evidence, law, or procedure in the conduct of the hearing. All decisions concerning objections or procedure shall be made by the presiding Board member. A Board Attorney shall act as Special Prosecutor for the Board although any Board member may inquire of any witness concerning matters deemed relevant and competent and not otherwise offered into evidence.

(c) The Board shall admit and give probative effect all competent, relevant, and probative evidence, both oral and documentary, which tends to prove or disprove the allegations of the complaint. The board may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. The Board shall, insofar as possible, give effect to the fundamental rules of evidence recognized in courts of law. True copies of documents may be received if the original is unavailable. The Board is possessed of specialized knowledge, and such knowledge will be utilized along with all the evidence in arriving at a decision, when the complaint or investigation involves questions calling for such specialized knowledge. The standard of proof upon the Board in such hearing is by clear and convincing evidence.

(d) Whenever all the evidence has been presented, the respondent shall be afforded an opportunity to be heard in argument relative to the matters in issue.

Okla. Admin. Code § 195:3-1-6

Amended at 11 Ok Reg 2591, eff 7-1-94; Amended at 14 Ok Reg 1541, eff 7-1-97; Amended at 23 Ok Reg 1221, eff 7-1-06

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023