Okla. Admin. Code § 475:1-5-6

Current through Vol. 42, No. 7, December 16, 2024

Section 475:1-5-6 - [Effective until 9/14/2025] Submission and receipt of evidence

(a) The hearing officer may allow evidence at a hearing or pre-hearing conference that is competent, relevant, material and not unduly repetitious.

(b) Opinion testimony shall be admitted when the hearing officer is satisfied that the witness is properly qualified.

(c) Authenticity of all documents submitted in advance shall be deemed admitted unless objection thereto is filed with the hearing officer, except that a party will be permitted to challenge such authenticity at a later time upon showing of good cause for failure to have filed such written objection.

(d) Samples, if otherwise admissible into evidence, may be displayed at the hearing and may be described for purposes of the record or may be admitted into evidence as exhibits.

(e) Where official notice is taken or is to be taken of a material fact not appearing in the evidence of record, any party, on timely request, shall be afforded opportunity to controvert such fact.

(f) The hearing officer shall file as exhibits copies of the following documents:

(1) The order to show cause or notice of hearing.

(2) Any waiver of hearing.

(3) The prehearing ruling, if any.

(4) Any other document necessary to show the basis for the hearing.

(g) The registration record shall be admitted in every individual proceeding. Relevant and material records maintained by any government entity shall be admitted without testimony when done in substantial compliance with 12 O.S. § 2902. With regard to the absence of a record of any government entity, an affidavit by the records custodian of the government entity attesting to the non-existence of the requested record shall be deemed sufficient for admission without testimony.

Okla. Admin. Code § 475:1-5-6

Amended at 12 Ok Reg 2833, eff 7-15-95; Amended at 24 Ok Reg 2735, eff 8-11-07; Amended at 29 Ok Reg 1311, eff 6-25-12

Amended by Oklahoma Register, Volume 42, Issue 1, September 16, 2024, eff. 8/16/2024, exp. 9/14/2025 (Emergency)