Okla. Admin. Code § 80:1-3-4

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

Section 80:1-3-4 - Subpoena of witness

(a)Request. In all cases the Registrar may issue subpoena or subpoena duces tecum where a party desires to compel the attendance of witnesses after a Complaint has been filed. When the party, or his attorney, desires to have witnesses subpoenaed to appear before the Hearing Examiner, a request in writing shall be made by such party or his attorney, giving the name and correct address of any such witness.

(b)Issuance; responsibility for expenses. The Registrar shall cause subpoena to be issued and mailed in conformity with written requests described in (a) of this Section; PROVIDED, that in said subpoena the witness named therein shall be advised that he may demand his travelling fees and daily attendance fees from the party, or his representative; that neither the Auditor nor the State of Oklahoma will be, and are not, responsible for any travelling fees, daily attendance fees, or other expenses incurred by such witness in attending any hearing before the Hearing Examiner.

(c)Time. Any such written request for witnesses on behalf of the party shall not be honored and issuance of such subpoena shall not be required unless such request for subpoena is presented to the Registrar, by mail or otherwise, at his office in Oklahoma City, Oklahoma, at least ten (10) days prior to the date of the hearing at which the attendance of any such witness, or witnesses would be required.

(d)Service by private process server. If any party desires to have service made by a private process server, he shall make such request in writing and state the name of the private process server and the address to which the subpoena should be mailed. The party or his attorney shall be responsible for obtaining such service and for the cost.

(e)Fees. Filings will be charged as follows:

(1) subpoena $20.00 each;

(2) service of subpoena $10.00 each by certified mail.

(f)Right to counsel. A person directly affected by a hearing shall have the right to appear in person or with counsel, provided that such counsel representing the party is duly licensed to practice law by the Supreme Court of Oklahoma. Counsel may be present during the presentation of evidence, be given a reasonable opportunity to examine and inspect all documentary evidence, cross-examine witnesses and present evidence in his client's behalf.

(g)Rules of evidence.

(1) The Hearing Examiner shall admit all competent, relevant and probative evidence, both oral and documentary, which tends to prove or disprove the allegations of the complaint, and shall exclude incompetent, irrelevant, immaterial or unduly repetitious evidence. Objections to evidentiary offers may be made and shall be noted in the record. The Hearing Examiner may reserve ruling on objections to any part of the testimony until the conclusion of all evidence on both sides. At the beginning of the hearing, the Hearing Examiner will advise the parties whether objections will be reserved. Objections not made at the time of the hearing shall be deemed waived.

(2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request a party shall be given an opportunity to compare the copy with the original. Notice may be taken of judicially cognizable facts and of generally recognized technical facts within the field of abstracting. Such knowledge may be utilized in evaluating the evidence.

(h)Failure to appear. If the Respondent fails or refuses to appear, the Hearing Examiner may proceed and determine the matter in his absence. If the Hearing Examiner, after a hearing, determines that the certificate, license or permit should be suspended, revoked or not granted, then a recommendation to that effect shall be presented to the Auditor. A copy of the recommendation shall be mailed to the parties, who shall have ten (10) days from date of mailing, to dispute the recommendation. If the aggrieved party does not respond within ten (10) days of the date of the recommendation, then the Auditor may cancel, suspend, revoke, or not issue the certificate, license or permit without further proceedings.

Okla. Admin. Code § 80:1-3-4

Amended at 9 Ok Reg 2701, eff 7-13-92