Okla. Admin. Code § 310:2-21-28

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

Section 310:2-21-28 - Videoconference hearings

(a)General. Any hearing may be held by videoconference technology. The proceedings will be conducted in a manner that is similar to those conducted when all parties are in the same room. A participant is required to sit in front of a device (e.g. phone, laptop, computer monitor, television) that allows the person to see the parties at the other locations.

(b)Procedure. At the commencement of a videoconference the presiding administrative law judge, hearing clerk or video coordinator will check that the link has been established. The administrative law judge will confirm that the remote participants can be seen and heard clearly and in like manner verify that the remote participants can clearly see and hear the participants and administrative law judge at the hearing venue. The assigned administrative law judge will decide and explain the procedure for the videoconference prior to testimony being taken. Identification for each participant, such as a driver's license or photo I.D., may be required. At the beginning of the docket, each case will be called and the parties will be given the number in which their case will be heard. Only the case being heard by the presiding administrative law judge will be in video contact with the tribunal. The administrative law judge may dismiss witnesses prior to conclusion of the hearing.

(c)Hearing procedure. The administrative law judge will be in charge of the proceedings. Parties will be sworn in and testimony taken as in a courtroom proceeding. The entire proceeding will be recorded using both audio and video means. Only one person shall talk at a time as directed by the administrative law judge.

(d)Recesses. If a recess is taken, the administrative law judge will indicate for the record when it starts and stops and when the record is to continue. The administrative law judge will also note the presence or absence of those attending and previously identified prior to the recess.

(e)Exhibits. All exhibits that a party intends to present at a hearing must be submitted to the administrative hearing clerk and opposing party/counsel at least five (5) days prior to the hearing. All exhibits must be identified numerically and indicate if the exhibit is by petitioner or respondent. (Example: Respondent's Exhibit 1). If the author of a document is not present to provide a foundation for admission, and the document does not otherwise qualify for an exception, it may be denied admission into evidence unless the administrative law judge determines it has probative value to the issues of the case. Other than a request for a hearing letters to the tribunal or letters to the Department are not part of the evidence unless offered by one of the parties and admitted.

(f)Witnesses. In some cases, witnesses may be required to wait outside the hearing room at a remote venue because of limitations on space or because of a procedural requirement. In most cases, all witnesses will be sworn in at the beginning of the hearing and admonished not to discuss their testimony with other witnesses.

(g)Continuances. A request to continue a video-teleconference hearing must be made no later than five (5) days before the hearing unless there is a showing of good cause. The request must be in writing and either mailed, faxed or emailed to the hearing clerk within the time specified. The request must explain why a continuance is necessary, must indicate the person requesting the continuance, and must indicate if the opposing counsel has been contacted and whether opposing counsel objects to the continuance request. If the hearing is continued, it will be scheduled on the next available docket.

(h)Technical difficulties. If a video link is interrupted or cannot be established, the hearing may be postponed or proceed as a telephone hearing at the discretion of the tribunal.

Okla. Admin. Code § 310:2-21-28

Added at 27 Ok Reg 2496, eff 7-25-10

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