Okla. Admin. Code § 317:2-1-5

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

Section 317:2-1-5 - Hearing procedures

(a) Hearings will be conducted in an informal manner without formal rules of evidence or procedure, except for hearings under 317:2-1-7.

(b) No party is required to be represented by an attorney. Members may represent themselves or authorize another party to represent them. A person or entity desiring to represent a member must provide documentation of the consent of the member to be represented by that person or entity. An appeal will be rejected without documentation of representation. Individuals appearing for corporate entities will be deemed to be authorized to represent the corporation in a hearing.

(c) The docket clerk will send the Appellant and any other necessary party notice which states the hearing location, date, and time.

(d) The OHCA Administrative Law Judge or designee may:

(1) Rule on any requests for extension of time;

(2) Hold pre-hearing conferences to settle, simplify, or identify issues in a proceeding or to consider other matters that may end in the expeditious disposition of the proceeding;

(3) Require the parties to state their positions concerning the various issues in the proceeding;

(4) Require the parties to produce for examination those relevant witnesses and documents under their control;

(5) Rule on motions and other procedural items;

(6) Regulate the course of the hearing and conduct of the participants;

(7) Establish time limits for the submission of motions or memoranda;

(8) Impose appropriate sanctions against any person failing to obey an order of the ALJ or authorized under the rules in this Chapter which may include:

(A) Refusing to allow the person to assert or oppose designated claims or defenses, or prohibiting that person from introducing designated matters in evidence;

(B) Excluding all testimony of an unresponsive or evasive witness; or

(C) Expelling the person from further participation in the hearing;

(9) Take official notice of any material fact not appearing as evidence in the record, if the fact is among traditional matters of judicial notice;

(10) Administer oaths or affirmations;

(11) Determine the location of the hearing;

(12) Allow either party to request that the hearing be recorded by a court reporter with costs to be borne by the requesting party. The original of such transcription, if ordered, will be given to the ALJ with a copy to be given to the requesting party;

(13) Recess and reconvene the hearing;

(14) Set and/or limit the time frame of the hearing;

(15) Reconsider or rehear a matter for good cause shown; and

(16) Send a copy of the decision by the ALJ to both parties outlining their rights to appeal the decision. The decision letter need not contain findings of fact or conclusions of law.

(e) The burden of proof during the hearing will be upon the appellant and the ALJ will decide the case based upon a preponderance of evidence standard as defined by the Oklahoma Supreme Court. Parties who fail to appear at a hearing, after notification of said hearing date, will have their cases dismissed for failure to prosecute.

(f) Parties may file preliminary motions in the case. Any such motions must be filed within 15 calendar days prior to the hearing date. Response to preliminary motions must be made within 7 calendar days of the date the motion is filed with OHCA. Preliminary motions will be ruled upon 3 days prior to the hearing date.

(g) In any case in which a member requests a continuance, OHCA will not be prejudiced to complete the case within 90 days.

(h) An appeal, or an issue addressed by an appeal, may be dismissed if:

(1) it is moot or there is insufficient evidence to support the allegations;

(2) the appellant fails or refuses to appear for a scheduled meeting;

(3) the appellant refuses to accept a settlement offer which affords the relief he or she could reasonably expect if he or she prevailed in the appeal; or

(4) it is not timely filed or is not within the OHCA's jurisdiction or authority.

Okla. Admin. Code § 317:2-1-5

Added at 23 Ok Reg 761, eff 3-9-06 (emergency); Added at 23 Ok Reg 2430, eff 6-25-06; Amended at 24 Ok Reg 300, eff 12-1-06 (emergency); Amended at 24 Ok Reg 869, eff 5-11-07; Amended at 28 Ok Reg 259, eff 11-15-10 (emergency); Amended at 28 Ok Reg 1376, eff 6-25-11