Okla. Admin. Code § 260:130-7-1

Current through Vol. 41, No. 24, September 3, 2024

Section 260:130-7-1 - Prehearing conference

(a)Purpose. The Civil Service Division may schedule a prehearing conference on any complaint set for hearing. The conference provides an opportunity for the parties to clarify, isolate and dispose of procedural matters prior to the hearing.

(b)Party responsibility. Each party shall be present, on time and prepared. Complainant's failure to do so may result in dismissal of the complaint unless extraordinary circumstances exist and are shown. Prior to the prehearing conference each party shall file with the Civil Service Division and provide to each other party and the ALJ a copy of:

(1) a brief statement of his or her respective case, to include a list of stipulations and requested remedy;

(2) the names of the witnesses allowed at the hearing and their contact information; and

(3) a description of the documents and exhibits allowed at the hearing and copy of each document and exhibit to be offered.

(c)Representation. Each party to the complaint may have a Representative, as defined within these Rules, to speak and act on his or her behalf.

(d)ALJ responsibility. The ALJ shall:

(1) consider, facilitate and rule on settlement in the event settlement occurs during the hearing or administrative law judge review process;

(2) consider any matters which will aid in the fair and prompt resolution and disposition of the complaint;

(3) hear and rule on pending requests or motions.

(e)Conference. The conference shall be informal, structured by the ALJ and not open to the public. The ALJ shall record the conference by digital recording.

(1)Notice. Each party shall be notified of the date, time and location at least seven (7) calendar days prior to the scheduled conference.

(2)Location. The conference shall be conducted at the Human Capital Management offices or any other location determined appropriate by the ALJ.

(3)Witnesses. Witnesses shall not appear or present evidence at the conference.

(4)Continuance. A request for continuance shall be filed in accordance with OAC 260:130513 no less than three (3) calendar days prior to the scheduled conference. The ALJ, or in his or her absence, the Civil Service Division, shall rule on the request in accordance with OAC 260:130-5-13.

(f)Conclusion. The ALJ shall end the conference when preparation for the hearing is complete, unless sooner terminated as a result of settlement or for other just cause.

Okla. Admin. Code § 260:130-7-1

Adopted by Oklahoma Register, Volume 39, Issue 07, December 15, 2021, eff. 11/17/2021

Adopted by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022

Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024