Okla. Admin. Code § 150:1-15-10

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

Section 150:1-15-10 - Evidence; privilege

(a) The rules of evidence and confidential privilege established in the Oklahoma Administrative Procedures Act, 75 O.S., Sections 309 through 326 shall govern all hearings. The hearing examiner may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs.

(1) The rules of privilege are to be given effect in individual proceedings and evidence excluded because of any privilege recognized by the courts of this State shall not be admitted into evidence.

(2) Incompetent, irrelevant, immaterial and unduly repetitious evidence may be excluded by the hearing examiner.

(3) Unless otherwise provided by law, the burden of proof shall be upon the Department to show in what manner the proposed act or decision set forth in the notice to show cause is correct, proper and lawful.

(4) Upon a hearing, if the Department fails to show a prima facie case for lack of sufficient evidence, the hearing examiner may recommend dismissal of a petition forthwith to the Director, upon grounds of failure to prove sufficient facts which would warrant the sanction set out in the notice to show cause. The Director may dismiss a proposed sanction based upon the recommendation.

(b) Documentary evidence may be received in the form of copies or excerpts. Parties may challenge the authenticity of any copies. Any part of the evidence may be received in written form, when a hearing will be expedited and the interests of the parties will not be prejudiced.

(c) Objections to evidence may be made and shall be included in the record of the proceedings.

(d) All witnesses' testimony shall be made under oath or affirmation. A party may conduct cross-examination of witnesses called by other parties.

(e) The hearing examiner, upon notice to the parties, may take judicial notice of facts, including facts within the specialized knowledge of the Oklahoma Department of Commerce.

(f) The hearing examiner may question witnesses and determine the order in which evidence shall be received and presented. Individual proceedings shall be recorded. They may be recorded by stenographic means or by audio tape. If a party requests a certified court reporter, necessary arrangements for the presence of the reporter at hearing, the cost thereof, and the cost of transcribing will be borne by the requesting party who must furnish the hearing examiner with a true copy of such transcript. The hearing examiner may continue a hearing from time to time and may allow the record to remain open for the receipt of further evidence or argument, or for the receipt of additional pleadings or orders.

Okla. Admin. Code § 150:1-15-10