Okla. Admin. Code § 390:2-1-10

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

Section 390:2-1-10 - Conduct of hearings

(a)Appearances. Every party appearing at a hearing shall enter an appearance by stating their name and address. An individual may appear on their own behalf or be represented by an attorney.

(b)Preliminary matters. The following shall be taken up prior to receiving evidence:

(1) The licensee and other parties may offer preliminary exhibits, including pleadings necessary to present the issues to be heard.

(2) Ruling shall be made on any pending motions, including requests for delivery of documents.

(3) Stipulations of fact and stipulated exhibits shall be received.

(4) Parties shall make opening statements where appropriate.

(5) Any other preliminary matters appropriate for dispositions prior to offers of

evidence.

(c)Rules of evidence. Appeals from CLEET actions (pursuant to 59 O.S. Section 1750.1 et seq. and 59 O.S. Section 1350.1 et seq.) shall be conducted generally in accordance with the Rules of Evidence applied in the District Courts of Oklahoma. The order of proof in cases brought under 390:2-1-2(c) shall be as follows:

(1) Presentation of the State's case followed by examination.

(2) Responsive presentation by appellant, followed by cross examination.

(3) Closing Argument for The State.

(4) Closing Argument for Appellant.

(5) Submission of case.

(6) If requested, the parties may present rebuttal and surrebuttal evidence, in the proper turn.

(d)Administrative Procedures Act. Hearing of alleged violations of the Oklahoma Security Guard and Private Investigator Act, and the Oklahoma Bail Enforcement and Licensing Act shall be conducted in accordance with the Administrative Procedures Act.

(e)Examination of witnesses. Every witness shall be examined and cross-examined orally and under oath by not more than one representative for each party. The Hearing Examiner may designate the order of examination of witnesses and may limit the scope of examination and cross-examination.

(f)Adverse party. A party may call an adverse party or an officer or employee of an adverse party, in which case the witness may be impeached and otherwise cross-examined.

(g)Prepared testimony. Written testimony of a witness in the form of questions and answers, or a narrative statement may be received in lieu of direct examination upon authentication by the witness under oath. The witness shall be subject to cross-examination. A written or oral statement or a communication from any person, or a statement or resolution without cross-examination, will be considered only as argument, and not as proof of any recitation of facts contained therein.

(h)Documents.

(1) A photographic copy of an instrument which is on file as part of the official records of CLEET will be received without further authentication.

(2) A photographic copy of a public record certified by the official custodian thereof will be received without further authentication. A written statement by such custodian of records that no record or entry of described character is found in his/her records shall be received as proof of absence of such record.

(3) A photographic copy of a document may be substituted for the original at the time the original is offered in evidence.

(4) A document may not be incorporated in the record by reference except by permission of the Hearing Examiner. Any document so received must be precisely identified.

(5) When evidence is offered which is contained in a book or document containing material not offered, the party offering the same shall extract or clearly identify the portion offered.

(6) The Hearing Examiner may permit a party to offer a document as part of the record within a designated time, after conclusion of the hearing.

(7) The Hearing Examiner may require or allow the filing of briefs by the parties, and may designate the order and time for filing briefs and reply briefs.

(8) The record shall be closed when all interested parties have had an opportunity to be heard and to present evidence, and the Hearing Examiner announces that the record of testimony and exhibits is closed. Unless a decision is then announced, the matter will be taken under advisement for a written decision to be rendered not more than fifteen (15) days following the close of the record.

Okla. Admin. Code § 390:2-1-10

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/15/2014