Okla. Admin. Code § 260:130-7-4

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

Section 260:130-7-4 - Hearing

(a)Purpose. The hearing provides each party the opportunity to present witnesses and evidence as allowed by these Rules in support of his or her respective case for decision by an ALJ. Hearings shall be conducted in accordance with the Act, the Administrative Procedures Act and the Rules in this chapter.

(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.

(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 rule on questions of admissibility of evidence, competency of witnesses and any other matters or questions of law.

(e)Process. The hearing shall be formal, structured by the ALJ and open to the public. Parts of a hearing may be ordered closed when evidence of a confidential nature is to be introduced or where to do so would be in the best interests of a party, witness, the public or other affected persons. The ALJ shall record the hearing by digital recording and such recording shall constitute the official recording of the hearing.

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

(2)Location. The hearing shall be held at the Civil Service Division offices or any other location determined appropriate. At the prehearing conference any party may request the hearing be changed to a more convenient location. The ALJ shall rule on the request and may change the location when to do so is in the best interests of the Civil Service Division and parties.

(3)Witnesses. The ALJ shall administer an oath or affirmation to each witness.

(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 hearing. 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)Witnesses allowed at the hearing. The witnesses allowed at the hearing shall be limited to

(1) the Human Resources Director or designee;

(2) the supervisor;

(3) the employee bringing the complaint;

(4) additional witnesses approved by the ALJ;

(g)Documents allowed at the hearing. The documents allowed at the hearing shall be limited to the documents contained in the disciplinary file.

(h)Burden of proof. The following burden of proof shall apply to all hearings under the jurisdiction of the Civil Service Division (termination, involuntary demotion, suspension without pay, or punitive transfer). The burden of proof shall be upon the complainant who must prove his or her case by a preponderance of the evidence that there was no reasonable basis for the disciplinary action by the state agency.

(1) If the Complainant fails to prove that there was no reasonable basis for the disciplinary action by the state agency, the ALJ shall dismiss the complaint;

(2) If the Complainant proves that there was no reasonable basis for the disciplinary action by the state agency, an ALJ may order the reinstatement of the employee, with or without back pay and other benefits. An ALJ may also order that documentation of the disciplinary action be expunged from any and all of the employee's personnel records and disciplinary file.

(3) Upon a finding that a reasonable basis existed for a disciplinary action, but did not exist for the severity of the discipline imposed or progressive discipline standards were not properly followed, an ALJ may order reduction of the discipline to a lower level of progressive discipline.

(4) An ALJ who orders reinstatement with back pay and other benefits under (2) above, may consider the deduction of any income the employee may have received for the period of time the employee was not performing his or her duties.

Okla. Admin. Code § 260:130-7-4

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 40, Issue 24, September 1, 2023, eff. 9/11/2023

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