Okla. Admin. Code § 235:10-9-9

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

Section 235:10-9-9 - Conduct of hearing

(a)When hearing required. Any penalty imposed by the Board must be preceded by a hearing before the Board unless the complaint is disposed of by Agreement, Consent Order, or Statement of Default.

(b)Administrative Procedures Act. All hearings shall be conducted in accordance with the Administrative Procedures Act.

(c)Hearing officer. The Board may designate a hearing officer to conduct a hearing.

(1)Hearing officer authority. The hearing officer shall have the power and authority to conduct the hearing and shall conduct the hearing in the name of the Board.

(2)Transcript. Hearing may be transcribed upon the request of any party. All costs of such transcription shall be paid by the requesting party.

(d)Quorum. A hearing conducted by the Board shall be heard by no less than three voting members. All Board members are voting members unless recused.

(e)Subpoena. The Board or the Executive Director may issue, subpoenas for witnesses and evidence deemed necessary to conduct the hearing.

(f)Transcript. A respondent desiring a transcript of the hearing shall notify the Board in writing and bear the full cost of the transcription and copies.

(g)Recuse. If a member of the Board is a party to the complaint or would have a possible financial interest in the outcome of the hearing, the member shall be recused from the proceedings. The Board member serving on the Probable Cause Committee shall be recused from the hearing.

(h)Continuance. Requests for continuance of a scheduled hearing must be filed in writing with the Executive Director of the Board at least forty-eight (48) hours, holidays and weekends excepted, prior to the time of the scheduled hearing, and the Executive Director may grant the continuance only for good and valid reasons.

(i)Findings; order. The Board shall make Findings of Fact and Conclusions of Law based on clear and convincing evidence at the close of a hearing, and shall enter an order thereon.

(1) The order shall be based upon the evidence presented at the hearing.

(2) A written notice of the order shall be given to the respondent.

(3) The notice of order shall be given upon written request to any person appearing at the hearing.

(j)Record. When the hearing is held before a hearing officer, the Board may issue its order based upon the record, including the findings of fact and conclusions of law recommended by the hearing officer. After the close of a hearing conducted by a hearing officer, the Board may require additional hearings or further evidence be presented prior to the issuance of the order.

Okla. Admin. Code § 235:10-9-9

Amended at 14 Ok Reg 2891, eff 7-11-97; Amended at 22 Ok Reg 1918, eff 6-25-05

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018