Okla. Admin. Code § 80:1-3-5

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

Section 80:1-3-5 - Conduct of hearings

(a)Open to public. All hearings shall be open to the public. Witnesses may be excluded when not testifying.

(b)Burden of proof. The burden of proof is on the movant in all hearings.

(c)Hearing Examiner.

(1) Hearing Examiners shall have the authority to conduct hearings subject to the applicable rules, regulations and orders of the Auditor.

(2) The Auditor shall appoint or employ the following individuals as Hearing Examiners within thirty (30) days of the filing of a Complaint:

(A) the Auditor;

(B) a designated member of the Auditor's staff;

(C) an attorney licensed to practice by the Oklahoma Supreme Court; and

(D) a five (5) member board consisting of three (3) members from the abstract industry, one (1) lay person and a Chair who shall be an attorney, licensed to practice law in Oklahoma. All procedural rulings shall be made by the Chair. In order to participate in the deliberations a board member must have been present during a majority of the proceedings. Service on the board will be voluntary, except that per diem, mileage and lodging costs will be paid, in accordance with the Oklahoma statutory provisions for same.

(3) A Hearing Examiner shall not preside at a proceeding in which any party to the proceeding is or has been a client of the Hearing Examiner. Additionally, a Hearing Examiner may not preside in a proceeding where any partnership, firm, corporation or other entity with which the Hearing Examiner is or has been associated is a party.

(d)Order of procedure. A prehearing conference shall be held for all contested matters the date and time of which shall be set by the Hearing Examiner upon consultation with the parties after all discovery has been completed. At the prehearing conference the Hearing Examiner shall hear any motions field by the parties not less than ten (10) days prior to the conference.

(1) The parties shall meet prior to the prehearing conference and jointly prepare a Prehearing Statement which shall be submitted to the Hearing Examiner at least fifteen (15) days prior to the prehearing conference.

(2) The Prehearing Statement shall include a statement of the factual issues in contention; stipulations to as many facts and issues as possible; a statement of any contested legal issues, and argument and authority on each; a list of the partys' premarked exhibits the parties intend to introduce as evidence, including the number and a description; a list of witnesses the parties intend to call at the hearing with a concise summary of their expected testimony, and a statement by an opposing party regarding an objection to any exhibit or witness and a brief statement of the basis for the objection including citation of authority.

(3) At the conference the Hearing Examiner shall rule on any outstanding motions and, where feasible, rule on the admissibility of any exhibit or testimony of any witness. The participants shall formulate the order of procedure for the hearing so that the hearing may proceed in an efficient and productive manner.

(4) Counsel for the Complainant shall prepare a prehearing order unless otherwise directed by the Hearing Examiner. The order shall include all remaining contentions of the parties; all stipulations, admissions and uncontested matters; all remaining issues of fact, issues of law and mixed issues of law and fact; the description and number of all exhibits to be introduced; the name and expected testimony of all witnesses to be called; and the order of procedure for the hearing.

(5) The contents of the Prehearing Order shall supersede the pleadings and govern the hearing of the case. It shall be approved by all parties and the Hearing Examiner.

(6) Once the Prehearing Order has been signed by all the parties and the Hearing Examiner, and filed in the case no exhibit or witness may be added without the approval of the Hearing Examiner upon a showing by the requesting party that manifest injustice would occur if such evidence or testimony were not permitted at the hearing.

(e)Location. All hearings will be conducted in Oklahoma City at a location designated by the Registrar.

Okla. Admin. Code § 80:1-3-5

Amended at 9 Ok Reg 2701, eff 7-13-92; Amended at 14 Ok Reg 2193, eff 6-12-97