Okla. Admin. Code § 35:1-9-1

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

Section 35:1-9-1 - Filing of papers, Administrative Law Judge, and Administrative Law Clerk

(a) All papers required to be filed by this Subchapter shall be filed with the Administrative Law Clerk.

(b) The Commissioner or designee may appoint an Administrative Law Clerk to maintain the administrative hearing dockets and records and perform any other duties assigned.

(c) The Commissioner or designee may appoint an Administrative Law Judge for any administrative hearing.

(1) The Administrative Law Judge shall not have had any prior involvement in the matter at issue other than as an Administrative Law Judge, unless the parties file a written waiver.

(2) The Administrative Law Judge shall have authority to conduct individual proceedings and may take any action consistent with the Administrative Procedures Act and the rules of this subchapter, including but not limited to the following:

(A) Arrange and issue notice of the date, time, and place of hearings and conferences;

(B) Establish the methods and procedures to be used in the presentation of the evidence;

(C) Hold conferences to settle, simplify, determine, or strike any of the issues in a hearing, or to consider other matters that may facilitate the expeditious disposition of the hearing;

(D) Administer oaths and affirmations;

(E) Regulate the course of the hearing and govern the conduct of participants;

(F) Examine witnesses;

(G) Rule on, admit, exclude, and limit evidence, at or before hearings;

(H) Establish the time for filing motions, testimony, and other written evidence, briefs, findings, and other submissions, and hold the record open for those purposes;

(I) Rule on motions and pending matters;

(J) Divide the hearing into stages or join claims of parties whenever the number of parties is large or the issues are numerous and complex;

(K) Restrict attendance by persons not parties to the hearing in appropriate cases;

(L) Admit attorneys from other jurisdictions to practice law before the Department in accordance with Rules of the Oklahoma Bar Association, 5 O.S. Chapter 1, Appendix 1, Article II, § 5, and administer the oath required by 5 O.S. § 2;

(M) Require briefs on any relevant issues; and

(N) Request proposed findings of fact, conclusions of law, and proposed orders from all parties.

(3) At the request of the Administrative Law Judge, the Commissioner may designate a Department representative who has had no assigned responsibilities related to the matter at issue to serve as technical adviser to the Administrative Law Judge.

Okla. Admin. Code § 35:1-9-1

Amended at 23 Ok Reg 2135, eff 6-25-06; Amended at 25 Ok Reg 1779, eff 7-1-08