Okla. Admin. Code § 505:1-7-7

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

Section 505:1-7-7 - Conduct of hearing

(a)Hearing procedures; presiding officer. The hearing for an individual proceeding shall be conducted in an orderly manner by the Board. The order of procedure will follow generally that which obtains in civil proceedings at law. However, strictness of procedures shall not be required, the objective being that fairness and orderliness prevail to afford a full hearing which protects the rights of all concerned. The rules of evidence shall be those specified by the Oklahoma Administrative Procedures Act. The President of the Board shall be the presiding officer at the hearing or proceeding. However, in his absence the Vice-President shall serve as presiding officer. The Board may at their discretion select a Hearing Officer to conduct any hearings.

(b)Assistance of Counsel of Board. The Board may seek the assistance of the Attorney General or an Assistant Attorney General, if requested and available at the time of the hearing, to sit with the Board as a law member. Nothing contained herein shall, however, prevent the Board from employing outside counsel when in the opinion of the Board it is necessary to do so in order to administer and enforce the provisions of the law governing the practice of Optometry and the Rules and Regulations promulgated thereunder.

(c)Testimony of Witnesses. The testimony of witnesses and documentary evidence may be admitted on behalf of any party at the hearing, subject to objections as to relevancy by the opposing party. A party may conduct cross-examination required for a full and true disclosure of the facts.

(d)Right of Counsel. Any party shall at all times have the right to be represented by counsel duly licensed to practice law in the State of Oklahoma.

(e)Administration of oaths; ruling upon Offers of Evidence. The President of the Board or any members presiding at a hearing shall administer oaths or require affirmations for the purposes of the hearing. He or the Hearing Officer, shall rule upon the motions, objections, offers of proof of other incidents of the hearing, but his ruling may be overruled by a majority of the membership conducting the hearing, and upon request of a party or his attorney, the presiding officer shall submit the sustention or rejection of his ruling to the Board.

Okla. Admin. Code § 505:1-7-7

Amended at 11 Ok Reg 4163, eff 6-29-94 (emergency); Amended at 12 Ok Reg 1799, eff 6-12-95