Okla. Admin. Code § 75:45-2-5

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

Section 75:45-2-5 - Pleadings

(a)Filings. All filings shall be made with the Office of Administrative Hearings. Staff with the Office of Administrative Hearings will be responsible for placing a date-stamp on any pleadings filed by a party.

(b)Initiating a Proceeding. Proceedings may be initiated before the Office of Administrative Hearings by the Oklahoma Attorney General's Office by filing with the Office of Administrative Hearings a Petition or other instrument that seeks any relief authorized by law. Each Petition shall name the Respondent and include a statement of the legal authority and jurisdiction under which the proceeding is to be held, a reference to the particular sections of the statutes and rules involved, a short and plain statement of the matters asserted giving a right to relief, the relief requested, and, unless provided in a separate written Notice of Hearing, the time, place and nature of the hearing. If the Office of the Attorney General is unable to give a short and plain statement of the matters asserted at the time the notice is served, the initial notice may be limited to a statement of the issues involved.

(c)Motions, Applications, and Briefs. When filing motions and/or briefs in a proceeding, the following provisions apply:

(1)Margins and page length. All written submissions shall be typewritten in clear type not less than 12-point, with single-spaced lines of quoted matter and double-spaced lines of unquoted matter. The margins of the printed page shall be one and one-quarter (1 1/4) inches on the left side and one (1) inch on the other three sides.

(2)Accompanied by proposed order. Motions and applications are to be accompanied by a proposed order.

(3)Length. All motions, applications and responses thereto, including briefs, shall not exceed twenty (20) pages in length, excluding exhibits, without prior permission of the assigned administrative law judge. A request for enlargement of page length may accompany the written instrument filed. Reply briefs shall be limited to five (5) pages in length. Page limitations herein exclude only the cover, if used, index, appendix, signature line and accompanying information identifying attorneys and parties, and certificate of service. No further briefs shall be filed without prior permission of the assigned administrative law judge. Exceptions to this requirement are not favored. This limitation on page limits does not apply to initial filings.

(4)When responses are due. Unless otherwise ordered by the assigned administrative law judge, objections to motions or responses to written submissions are due within fifteen (15) days of receipt. Replies to objections or to responses to written submissions are due within ten (10) days of receipt. Exceptions to this requirement may be granted upon application and for good cause shown.

(5)Hearings upon motions or applications. The assigned administrative law judge shall decide any motion or application without hearing based upon the written submissions of the parties unless the assigned administrative law judge determines that an evidentiary hearing is necessary for a proper resolution of the issue(s) submitted.

(6)Disposition of unopposed motions. Dispositive motions that are unopposed may be deemed to be confessed and, where appropriate, may result in the summary disposition of a claim or defense as applicable.

(7)Motions filed close to hearing. Motions may not be filed within ten (10) days of the hearing unless based upon a sudden emergency of facts that could not have been previously known. Copies of such motions must be hand-delivered to all parties of record.

(8)Motions will not stay discovery. Motions to Dismiss or for Summary Disposition will not stay any discovery deadline unless by a written agreement of the parties that has been communicated to the assigned administrative law judge.

(9)Citations of authority. Legal citations are to be made in accordance with Rule 1.200 the Oklahoma Supreme Court Rules. If an unpublished case or a case cited by a special reporter is cited as persuasive authority a copy must be attached to the document citing the case.

(d)Service of pleadings. Service of pleadings shall comply with the provisions of the Oklahoma Pleading Code.

(1)Service of Initial Pleading. Any instruments initiating an administrative proceeding must be served on every named Respondent by either personal service, certified mail, return receipt requested, restricted delivery, or issuing a report by hand-delivery. If service is being sent by certified mail, return receipt requested, and the intended Respondent refuses to sign the return receipt or otherwise does not sign or is unavailable to sign and accept service through the certified mail at the address identified on records from the Office of the Attorney General, then Respondent is deemed to have been served. If service is by personal service, the person serving the instrument initiating an administrative proceeding shall file proof of service with the Hearing Clerk within seven (7) days of service or before the date of the first hearing, whichever is sooner. Acknowledgment in writing by the Respondent, or their legal counsel, or by appearing at the hearing without objection to service is equivalent to service.

(2)Service of Other Papers and Documents. Service of all other documents and papers connected with a proceeding shall be served on the parties or their counsel by delivering a copy or mailing a copy by first class mail, postage prepaid.

(3)Service of Responsive Pleadings. Any party served with a petition, an application for an administrative fine, an administrative order or other instrument providing notice of a claim or defense to a claim initiating a proceeding before the Attorney General shall file a written response or answer within twenty (20) days of receipt of the petition, application, order or other instrument initiating a proceeding. The response or answer must be filed with the Hearing Clerk of the Office of Administrative Hearings and a copy must be delivered or mailed to all other parties by 5:00 p.m., on the 20th day. Delivery to other parties must be made in person, by process server, or may be sent by certified mail, return receipt requested, or restricted delivery. Every defense, in law or fact, to a claim for relief in any petition, application or administrative order initiating an administrative proceeding shall be asserted in the responsive pleading.

(e)Signature block. All pleadings shall be signed and include the signature block for the counsel submitting the pleading. The signature block shall include the name of the attorney, bar number, firm name (if applicable), address, telephone number, and email address for all attorneys of record.

Okla. Admin. Code § 75:45-2-5

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024