Okla. Admin. Code § 35:1-9-7

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

Section 35:1-9-7 - Hearing procedures

(a) The Administrative Law Judge may schedule and conduct prehearing conferences as necessary.

(1) The prehearing conference may be held by telephone.

(2) Upon request of either party, prehearing conferences shall be on the record.

(3) Prehearing conferences may address any of the following:

(A) Identification and simplification of issues, including the elimination of frivolous claims or defenses;

(B) Amendments to the pleadings;

(C) The plan, schedule, and limitations of discovery;

(D) Identification of admissions of fact to avoid unnecessary proof and cumulative evidence;

(E) The identification of witnesses and substance of testimony, exhibits, and documents;

(F) The use of prehearing briefs and prefiled testimony in the form of sworn affidavits;

(G) Settlement of all or some of the issues prior to the hearing;

(H) Adoption of special procedures for managing difficult or protracted actions that may involve complex issues, multiple parties, novel or difficult legal questions, or evidence problems;

(I) Scheduling; and

(J) Any other matters as may aid in disposition of the case.

(4) A prehearing conference may result in a scheduling or other prehearing order and subsequent changes to any prehearing or scheduling order may be made by the Administrative Law Judge by modifying the order for good cause.

(b) The order of procedure in all individual proceedings shall be governed by the Administrative Procedures Act and this subchapter.

(1) At the hearing, each party may make a brief opening statement, present witnesses, documents and exhibits on its behalf, and cross-examine adverse witnesses.

(2) The right to make a closing statement or argument shall be at the discretion of the assigned administrative law judge.

(3) The rules of evidence shall be those specified by the Administrative Procedures Act.

(4) At the discretion of the Administrative Law Judge, any party may reopen the case in chief, even after the adverse party has rested.

(5) Parties may stipulate to any lawful matter.

(c) The Administrative Law Judge shall rule on the admissibility of evidence and objections to evidence, and on motions or objections raised during hearings. All objections shall be made promptly or be deemed waived.

(d) The standard of proof in all individual proceedings affecting or prejudicing an individual's license, registration, permit, certification or other authorization to engage in a given livelihood or occupation shall be clear and convincing. In all other matters the standard of proof shall be a substantial evidence.

(e) The Administrative Law Judge shall hear all evidence and arguments applicable in a case and shall prepare the final order in the proceeding that shall include findings of fact and conclusions of law, separately stated.

(1) The Administrative Law Judge may allow the parties to submit briefs or proposed findings of fact and conclusions of law prior to ruling on the matter at issue.

(2) The Administrative Law Judge may take the cause of action under advisement for a period not to exceed thirty (30) days and shall then issue a final order in writing to the parties.

Okla. Admin. Code § 35:1-9-7

Amended at 25 Ok Reg 1779, eff 7-1-08; Amended at 25 Ok Reg 1779, eff 7-1-08