Okla. Admin. Code § 600:15-1-6

Current through Vol. 42, No. 3, October 15, 2024

Section 600:15-1-6 - Notice of disciplinary proceedings

(a) Where the Board deems the Probable Cause Committee's response to the grievance warrants disciplinary proceedings, the Respondent shall be served with Notice of Disciplinary Proceedings which shall specify the rule, statute, or standard(s) of professional conduct allegedly violated by the Respondent. Service of such notice shall be by Certified Mail, Return Receipt Requested to the last address reported to the Board by the Respondent.

(b) No less than ten (10) days prior to the scheduled hearing, written notice shall be provided to the parties stating which individual Hearing Officers will comprise the Panel conducting the disciplinary proceedings. Upon a showing of good cause, any Hearing Panel member selected may be removed by either party. If the parties cannot agree upon a Hearing Panel, either party may make written application to the Board which shall then make an appointment.

(c) Following selection and acceptance of the three (3) member Hearing Panel, the three members shall elect one member to serve as Chairman of the Hearing Panel, to preside over the hearing for which they have been selected.

(d) By mutual agreement of the parties the hearing may be rescheduled by the Director at a different time, date or location with proper written notice of such change given to all parties.

(e) Disciplinary proceedings shall be conducted by a Hearing Panel.

(f) Hearing Officers shall be appointed by Board order. All such persons must be State Certified Residential or State Certified General Appraisers. All hearing officers shall be selected by the Board.

(g) The Board or the Hearing Panel may utilize as a hearing officer counsel to the Board to hear prehearing matters specified by the Board. The duties assigned to Board counsel may include, but are not limited to, any of the following:

(1) to hear and rule on pretrial discovery disputes;

(2) to hear and rule on Motions in Limine;

(3) to review Motions to Dismiss in order to advise the Board or the Hearing Panel on questions of law arising therein;

(4) to hear and rule on Motions for Continuance of a hearing;

(5) to hear and rule on other preliminary motions;

(6) to hear and rule on motions to have a panel member recused from a hearing;

(7) to mark, identify, and admit or deny exhibits; and

(8) to rule upon objections made during the hearing.

(h) Any pretrial motions, discovery motions, Motions to Dismiss, Motions for Continuance, must be submitted to the Director or to Board Counsel no less than ten (10) days before the date of any hearing in the proceeding is scheduled before a Hearing Panel or the Board.

(i) The Hearing Panel shall complete the case and issue any rulings, findings, conclusions or recommendations.

(j) Any person subject to the jurisdiction of the Board, who shall attempt to pressure, coerce, intimidate, or otherwise influence or affect the opinion of a board member, hearing officer, witness or complainant regarding a disciplinary matter, shall be subject to disciplinary action by the Board.

(k) In the event any hearing officer has any personal, social, or economic relationship with the complainant, appraiser named in any complaint, or any attorney involved in the proceedings, the hearing officer shall make full disclosure of that relationship to the Board who shall take appropriate administrative action to assure objectivity in the proceedings including, if necessary, replacement of any Hearing Panel member.

Okla. Admin. Code § 600:15-1-6

Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Amended at 10 Ok Reg 1545, eff 5-1-93; Amended at 12 Ok Reg 1811, eff 7-1-95; Amended at 19 Ok Reg 1493, eff 7-14-02; Amended at 20 Ok Reg 557, eff 10-22-02 (emergency); Amended at 20 Ok Reg 2559, eff 7-14-03; Amended at 22 Ok Reg 1505, eff 7-14-05; Amended at 23 Ok Reg 1113, eff 7-14-06