Okla. Admin. Code § 475:1-5-4

Current through Vol. 42, No. 8, January 2, 2025

Section 475:1-5-4 - [Effective until 9/14/2025] Prehearing conference

(a) The hearing officer for a hearing on the limitation, conditioning, denial, suspension or revocation of a registration, and/or the assessment of a fine on his/her own motion or on the motion of any party for good cause shown, may direct all parties to appear at a specified time and place for a conference for

(1) The simplification of issues.

(2) The possibility of obtaining stipulations, admission of facts and documents.

(3) The possibility of limiting the number of expert witnesses.

(4) The identification and, if practicable, the scheduling of all witnesses to be called.

(5) The advance submission at the prehearing conferences of all documentary evidence and affidavits to be marked for identification.

(6) Such other matters as may aid in the expeditious disposition of the hearing.

(b) Any contemplated motion shall be filed at least five business days prior to the event to which it pertains or addresses, unless an emergency exists, with the other party given a reasonable opportunity to respond either in writing or in person. All motions shall generally be limited in scope and frequency given the limited scope and nature of all individual proceedings. Abuse of discovery or pretrial process to delay any individual proceeding may subject the registrant to immediate suspension or sanction pending the conclusion of the individual proceeding including any appeal arising therefrom.

(c) The Office of the General Counsel shall have authority to schedule all hearings and pre-trial matters before the hearing officer with reasonable notice provided to each party to an individual proceeding.

(d) Prior to requesting a prehearing conference before the hearing officer, the parties shall be required to meet and confer with the Bureau to attempt to resolve issues and obtain stipulations.

Okla. Admin. Code § 475:1-5-4

Amended at 12 Ok Reg 2833, eff 7-15-95

Amended by Oklahoma Register, Volume 42, Issue 1, September 16, 2024, eff. 8/16/2024, exp. 9/14/2025 (Emergency)