Okla. Admin. Code § 460:1-11-5

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

Section 460:1-11-5 - Formal hearings

Any formal hearing shall comply with the following:

(1) The Commission shall schedule a hearing before a Hearing Examiner or the Commission as a whole and due and proper notice of such hearing shall be given to all parties. Once a hearing has been scheduled the Chairman of the Commission may for sufficient cause postpone or reschedule a hearing provided that notice, either actual or constructive, of the rescheduled hearing date shall be given to all parties in the case. All such requests shall be in writing and in the case of an emergency said request shall be submitted in writing within three working days after the continuance request is requested.

(2) In the case of a proceeding conducted by the Commission, the Chairman or his designee shall preside. Designated counsel shall advise the Chair as to rulings on questions of law where such rulings are required or requested.

(3) All hearings shall be public except that upon motion of either party witnesses may be excluded from the hearing room when such witness is not testifying. A court reporter shall be present to record the proceedings on behalf of the Commission. Any party appealing the finding of the Commission or any other interested party desiring a copy of the transcript of the proceedings may purchase same from the reporter.

(4) Hearings shall be held at the main offices of the Oklahoma Department of Mines in Oklahoma City or at such other location as may be designated by the Commission.

(5) All parties to the complaint may present his or her own evidence or may present such through his or her counsel.

(6) The order of procedure shall be as follows:

(A) Recitation of the statement of charges as found in the complaint by the person presiding;

(B) Opening statement by the Applicant;

(C) Opening statement by the Respondent;

(D) Presentation of the Applicant's case followed by cross- examination and questioning by the Hearing Examiner or Chairman of the Commission or his designee presiding over the hearing;

(E) Respondent's presentation followed by cross-examination and questioning by the Hearing Examiner or presiding Chairman;

(F) Closing arguments by the Applicant;

(G) Closing arguments by the Respondent.

(7) If the case be heard by the Commission as a whole, the Commission shall deliberate and render a decision with confirmation of such decision in writing in the form of an Order distributed to all parties by mail. In the case of a hearing conducted by a Hearing Examiner, a recommended Order containing necessary findings of fact and conclusions of law shall be prepared by the Hearing Examiner to be considered by members of the Commission at a future meeting. All parties will be furnished copies of the recommended Order and notified as to the date the recommendation will be considered by the Commission for adoption. At the same time, notice will also be given to the parties that written exceptions or arguments, if any, should be submitted on or before a designated date pursuant to 75 O.S. Section 311 . Upon adoption of the Order by the Commission as a whole, the adopted Order shall be distributed to all parties.

Okla. Admin. Code § 460:1-11-5