Okla. Admin. Code § 455:10-7-3

Current through Vol. 42, No. 7, December 16, 2024

Section 455:10-7-3 - Fact finding conference

The fact finding conference is an investigatory technique, not an adversarial proceeding. Its purpose is to aid in determining whether or not an alleged violation over which the Commission has jurisdiction may have occurred. It is not a hearing and is not subject to laws or rules governing hearings. Before the conference, each party may be requested to provide the names of persons who have relevant information about the issues in dispute. The conference shall be conducted by a Commission representative who shall have the authority to adapt the conference to the situation at hand.

(1)Notice. At least 7 calendar days before the conference, parties and witnesses shall be notified of the date, time and location. This notice shall contain the names of persons to be interviewed and any documented information to be brought to the conference.

(2)Representation. Each party may have a representative at the conference to act in an advisory role only and the representative shall not be permitted to examine or cross-examine witnesses. The appellant and any other named party shall speak for himself or herself; the appointing authority may name a spokesperson who has direct knowledge of the incidents involving the appeal.

(3)Record of documents. A Record of Documents shall be reviewed. This record shall list all relevant documents submitted before the conference and may be supplemented with additional relevant documents received at the conference. The Commission representative shall determine the relevance of documents.

(4)Order of procedure. The appellant shall present his or her case first describing in detail the incident(s) which allegedly violate his or her rights and specifically how each incident described is a violation. The appellee shall respond to the incidents and explain the appellee's position.

(5)Testimony of witnesses. Witnesses shall not be present during the fact finding conference except when giving testimony. The witness, after being identified, shall be asked to state in narrative his or her knowledge of the alleged incidents. Each party shall have the opportunity to ask the witness questions. The Commission representative shall decide whether or not questions are relevant and whether or not the witness is required to answer. The Commission representative may ask questions at any stage of the conference.

(6)Closing. The Commission representative shall close the conference after each party has presented his or her case and witnesses have been heard, unless sooner terminated as a result of settlement or other just cause. Each party shall be notified of the findings of the conference through the investigative report.

Okla. Admin. Code § 455:10-7-3

Added at 13 Ok Reg 3025, eff 7-15-96