Okla. Admin. Code § 532:10-5-8

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

Section 532:10-5-8 - Hearings

(a)Notice. If the respondent requests a hearing, the hearing on a complaint shall be held at a time and place designated by the hearing officer. The hearing officer shall send notice of the time and place of the hearing to the respondent at least 20 days before the date of the scheduled hearing, unless upon a motion from the Executive Director the hearing officer finds that exigent circumstances exist that merit an earlier hearing.

(b)Written statement of the case. No later than 10 days before the hearing, the Executive Director and the respondent shall submit to the hearing officer a brief written statement of the case and attach records, documents, or other evidence to support the party's position.

(c)Administrative Procedures Act. All hearings shall be conducted in accordance with the Administrative Procedures Act.

(d)Hearing officer authority. The hearing officer shall have the power and authority to conduct the hearing and shall conduct the hearing in the name of the Board.

(e)Evidence. At the hearing, the parties may introduce evidence, question and cross-examine witnesses, and make a brief oral statement of their case. Formal rules of evidence will not apply at the hearing. The hearing officer will rule on the admissibility of evidence.

(f)Transcript. The hearing may be transcribed upon the request of any party. The requesting party shall pay all costs of such transcription.

(g)Subpoenas. At the request of either party, the hearing officer will subpoena witnesses and evidence deemed necessary to conduct the hearing.

(h)Continuance. The hearing officer may grant continuances at his or her discretion. Parties shall file requests for continuance of a scheduled hearing in writing with the hearing officer at least 48 hours, holidays and weekends excepted, prior to the time of the scheduled hearing.

(i)Record. The Statements of the Case, hearing transcript, if any, inspection reports, and any other documents, records, or other evidence submitted by the respondent and the Executive Director for consideration by the hearing officer shall become part of the record.

(j)Findings; order, notice. The hearing officer shall make findings of fact and conclusions of law based on clear and convincing evidence at the close of a hearing, and shall enter an order thereon. The findings of fact, conclusions of law, and order shall be based upon the record and shall state clearly the actions to be taken by the Board, including any penalties to be imposed. A written order shall be given to all parties. Upon receipt of a written request, the hearing officer shall provide a copy of the order to any person appearing at the hearing. The order of the hearing officer shall become the final order of the Board if the order is not appealed.

Okla. Admin. Code § 532:10-5-8

Added at 28 Ok Reg 2297, eff 7-25-11