Okla. Admin. Code § 752:11-13-5

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

Section 752:11-13-5 - Administrative procedure

Administrative hearings shall be conducted in accordance with the following procedures:

(1)Prehearing conference. A prehearing conference shall be scheduled to determine the legal or factual issues which shall be limited to those brought by the supplier in its initial protest.

(2)Burden of proof. The burden of proof shall be upon the protestant, which must prove its case by a preponderance of the evidence. A preponderance of the evidence is that evidence which, in light of the record as a whole, leads the Administrative Law Judge to believe a fact is more probably true than not true.

(3)Evidence. The Administrative Law Judge shall give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The Administrative Law Judge shall give effect to the rules of privilege recognized by Oklahoma law for civil proceedings. Parties may conduct cross examination of witnesses required for a full and true disclosure of facts. Notice may be taken of judicially cognizable facts.

(4)Representation. Parties may be represented by legal counsel in accordance with Oklahoma law. Legal counsel must be licensed or registered pursuant to the Rules Creating and Controlling the Oklahoma Bar Association.

(5)Proper parties. In addition to the supplier protesting the contract award, the supplier awarded the contract and the Authority may participate in the bid protest proceedings as proper parties.

(6)Discovery. Discovery shall be permitted as determined by the Administrative Law Judge.

(7)Testimony. All testimony, either at depositions or at a hearing, shall be under oath or affirmation.

(8)Official record. The Authority shall employ a certified court reporter, whose transcription of the hearing and any related matters, together with all pleadings, motions, and other documents submitted or considered during the proceedings shall constitute the official record of the protest.

(9)Authority of the Administrative Law Judge. The Administrative Law Judge may:

(A) Establish a scheduling order;

(B) Establish reasonable procedures such as authorizing pleadings to be filed by facsimile or electronic mail;

(C) Rule on all interlocutory motions;

(D) Require briefing of any or all issues;

(E) Conduct hearings;

(F) Rule on the admissibility of all evidence;

(G) Question witnesses;

(H) Make proposed findings of facts, conclusions of law and a proposed order to the Chief Executive Officer; and

(I) Take other lawful actions necessary and proper in the interests of justice.

Okla. Admin. Code § 752:11-13-5

Adopted by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/18/2019

Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/1/2023