Okla. Admin. Code § 595:1-3-15

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

Section 595:1-3-15 - Witnesses and Exhibits

(a)Witness list.

(1)The Commissioner and officers of the Department designated by him shall have authority to summon witnesses to give testimony under oath or to give written deposition upon any matter under the jurisdiction of the Department. Such summons may require the production of relevant books, papers and records. 47 O.S. § 2-115.

(2) The availability and participation of any witness appearing on behalf of the party requesting the hearing shall be the sole responsibility of that party. The party presenting the witness is required to provide the Department with the name of the witness, along with a brief statement of the testimony to be offered by the witness. If the hearing is a telephonic hearing, the party presenting the witness shall provide a telephone number where the witness can be reached to participate in the hearing The Hearing Officer will not subpoena or secure the attendance of any witnesses for the party requesting the hearing.

(3) The party requesting the hearing shall provide the Department the following information, no later than three (3) business days prior to the date of the scheduled hearing. If the following information is not received by the Department at least three (3) business days prior to the date of the scheduled hearing, the Hearing Officer may exclude the witness from the hearing:

(A) the telephone number that will be used to contact the party for the hearing;

(B) the name, mailing address, and telephone number of the party's attorney, if any;

(C) the name of any witness appearing on behalf of the party requesting the hearing, along with a brief statement of the testimony to be offered by the witness.

(4) The Hearing Officer may examine the witnesses and may allow the parties or their representatives to do so.

(5) Witnesses giving testimony at a hearing shall do so under oath.

(b)Exhibit list.

(1) Any exhibits to be presented by the licensee must be received by the Legal Division of the Department of Public Safety at least three (3) business days prior to the date of the scheduled hearing. Exhibits received more than three (3) business days prior to the date of the scheduled hearing may be excluded by the Hearing Officer.

(2) Exhibits shall be submitted to the Department only in person to the principal place of business located at 3600 Martin Luther King Avenue, Oklahoma City, OK, or by mail addressed to: Department of Public Safety, Legal Division, P.O. Box 11415, Oklahoma City, OK 73136.

(3) Any report or results of any tests, if deemed relevant by the Hearing Officer, shall be admitted without the testimony of the person making the report or performing the test.

Okla. Admin. Code § 595:1-3-15

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017