Okla. Admin. Code § 540:1-5-1

Current through Vol. 42, No. 6, December 2, 2024

Section 540:1-5-1 - Individual proceedings

(a) In an individual proceeding, all parties shall be afforded an opportunity for hearing after reasonable notice.

(1) Notice of hearing shall be mailed to the last known address of all parties by registered mail at least fifteen (15) calendar days in advance of the hearing.

(2) The notice shall include the time, date, location and statement of the matters asserted.

(3) The notice shall also include a statement of the legal authority and jurisdiction under which the hearing is to be held and a reference to the particular sections of the statutes and rules involved.

(b) Hearings will be conducted by one of the following methods, as determined by the Commission:

(1) By the Commission; or

(2) By a hearing officer designated by the Commission.

(c) The hearing authority may require the furnishing of information; the attendance of witnesses; and the production of books, records, papers or other objects as may be necessary and proper for the purposes of the hearing.

(d) Any party to a proceeding may take depositions of witnesses in the same manner as provided by law in civil actions before courts of record and such depositions may be admitted into evidence subject to the right of objection at the time of the hearing in accordance with the law.

(e) The hearing shall be conducted in an orderly manner by the hearing examiner or Chairman of the Commission. The order of procedure will follow that which applies in civil proceedings of law. However, the rules of evidence shall be those specified by Article II of the Oklahoma Administrative Procedures Act.

(f) The Chairman of the Commission, or hearing examiner, shall rule upon the admissibility of evidence and objections thereto, and shall rule upon other motions or objections arising in the course of the hearing.

(g) A record of the hearing, by means of tape recording or shorthand notes, will be made of all hearings conducted, unless the hearing authority designates otherwise. A transcript of the proceeding shall not be transcribed except upon written application and a cash deposit provided by the requesting party sufficient to pay for having the record transcribed.

(h) The record of the hearing and the file containing the pleadings will be maintained in a place designated by the Executive Director in counsel with the Chairman of the Commission.

(i) At any individual hearing not heard by a majority of the members of the Commission, the decision, if adverse to a party to the proceeding, shall not be made until a proposed order is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present brief and oral argument to the Commission. The proposed order shall be accompanied by a statement of the reasons therefore and for each issue of fact or law necessary to the proposed order, prepared by the person who conducted the hearing, or by one who has read the record. Exceptions must be filed with the Executive Director of the Commission within ten (10) calendar days of mailing the proposed order to the complainant. If exceptions are filed, the Executive Director shall set the time and the place for the Commission to consider the proposed order and the exceptions to it, and cause notice of such time and place to be mailed to the complainant. Such time shall not be less than twenty (20) calendar days after such notice is mailed. Briefs in support of exceptions must be filed with the Commission at least seven (7) calendar days before such hearing. The complainant may personally or through counsel, be present and present oral argument to the Commission in support of the exceptions. If no exceptions are filed, the Commission will consider the proposed order at its next regular or special meeting, or at such other time as is convenient to the Commission.

(j) A final order adverse to a party in an individual proceeding shall be in writing or stated in the record. A final order shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the order shall be mailed forthwith to each party.

(k) All hearings before the Commission or its designated hearing officer shall be conducted in accordance with the Oklahoma Administrative Procedures Act, 75 O.S., §§ 250-323.

Okla. Admin. Code § 540:1-5-1

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022