Okla. Admin. Code § 765:2-5-8

Current through Vol. 42, No. 7, December 16, 2024

Section 765:2-5-8 - Initial hearing

(a)Presiding officer. The initial hearing shall be conducted by the Executive Director of the Commission or his designate. If the hearing is conducted by a designate, the person so designated shall be licensed to practice law in the State of Oklahoma.

(b)Order of procedure. Each individual proceeding shall proceed as follows:

(1) Any party shall at all times have the right to counsel. Counsel must be licensed to practice law by the Oklahoma Supreme Court.

(2) All parties shall be afforded the opportunity to present witnesses, evidence, and argument on all issues involved. The presiding officer shall swear witnesses and admit evidence.

(3) A party or counsel may cross-examine witnesses.

(4) The presiding officer or any Commissioner may ask questions of all parties.

(c)Objections and motions. The presiding officer shall rule on the admissibility of evidence and objections to evidence, and shall rule on motions or objections raised in the course of the hearing. In the exercise of this function, the Commission or officer may rely on the advice of counsel present and serving in an advisory capacity. Any party may object to a ruling which the party considers erroneous, and an exception to such ruling shall be noted of record. Failure to timely object to any alleged error or irregularity shall be deemed as a waiver of such objection.

(d)Summary. The presiding officer shall prepare Findings of Fact and Conclusions of Law. The parties may submit proposed Findings of Fact and Conclusions of Law to the presiding officer to be included in the case record. The presiding officer shall prepare a summary of the case, together with Findings of Fact and Conclusions of Law which shall be presented to the Commission en banc at its next available meeting. The summary, Findings and Conclusions shall be provided to all parties and each shall be given the opportunity to reply, either in writing or orally before the Commission en banc.

(e)Negotiated settlement. The presiding officer may suggest to the parties a proposed settlement of the controversy and may attempt to resolve the controversy by negotiating with the parties prior to termination of the hearing.

Okla. Admin. Code § 765:2-5-8

Added at 15 Ok Reg 2427, eff 6-11-98

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015