Okla. Admin. Code § 670:1-1-8

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

Section 670:1-1-8 - General rules regarding hearings

(a) The Executive Director follows the provisions of the Administrative Procedures Act and the rules in this Chapter in conducting hearings. The Executive Director or a person named by the Executive Director as the Hearing Officer shall conduct hearings. This Section does not apply to public hearings to receive comments on proposed rules.

(b) A request for a hearing must be made in writing to Service Oklahoma on a form prescribed by Service Oklahoma.

(c) The Hearing Officer may set a time limit on oral presentations during a hearing. The order in which evidence and testimony may be presented and the procedure at the hearing, except as otherwise provided in this Chapter or by statute, shall be at the discretion of the Hearing Officer.

(d) Rulings on the admissibility of evidence shall be made by the Executive Director or the Hearing Officer. Formal rules of evidence shall not be used. Service Oklahoma may admit and give effect to documents, testimony, and other evidence which tend to prove or disprove facts as commonly accepted. The Hearing Officer may limit or exclude evidence and testimony that is not relevant, immaterial or is cumulative, repetitive, or interferes with the conduct of the hearing.

(e) The Executive Director or Hearing Officer shall have the authority to administer oaths, issue subpoenas for witnesses, and issue subpoena duces tecum to compel the production of books, records, papers, and other objects. These subpoenas may be served by any duly qualified officer of the law or any other person in any manner prescribed for the service of a subpoena in a civic action.

(f) The right to a hearing may not extend to any decision based solely on the results of any test or examination given or made by Service Oklahoma. A person is not entitled to a hearing when the action taken by Service Oklahoma is made mandatory by law.

(g) Hearings shall be informal and not open to the public.

(h) Any party to a proceeding may appear and be heard in person or accompanied by an attorney.

(i) Continuances may be allowed only at the discretion of the Hearing Officer or their designee.

(j) If the Hearing Officer finds that there is evidence relevant to the issues which was not presented at the hearing, the Hearing Officer may continue or reopen the Hearing for the purpose of considering such evidence, at any time prior to the mailing of the final written order.

(k) Following a hearing before Service Oklahoma, an order shall be issued containing findings and the final decision of Service Oklahoma.

Okla. Admin. Code § 670:1-1-8

Adopted by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 8/25/2024