Okla. Admin. Code § 595:1-3-4

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

Section 595:1-3-4 - General rules regarding hearings

(a) The right to a hearing may not extend to any decision based solely on the results of any test or examination given or made by the Department of Public Safety.

(b) Hearings shall be informal and not open to the public.

(c) Hearings may be afforded persons not otherwise qualified under rule 595:1-3-3, at the discretion of the Commissioner of Public Safety.

(d) Any person requesting a hearing must request the hearing in writing on a form prescribed by the Department of Public Safety and in compliance with this chapter. This form may be obtained from the Department's principal place of business at 3600 North Martin Luther King Avenue, Oklahoma City, OK or at www.ok.gov/DPS. A request that does not comply with these rules shall be rejected and shall not stay further action by the Department.

(e) A person is not entitled to a hearing when the action taken by the Department of Public Safety is made mandatory by law.

(f) A person may present testimony, evidence and witnesses relevant to the matter being heard. The Hearing Officer may limit or exclude evidence and testimony that is not relevant, or is cumulative, repetitive, or interferes with the conduct of the hearing.

(g) When two (2) or more hearings are to be held, and the same or substantially similar evidence is relevant and material to the matters in issue at each hearing, the Hearing Officer may fix the same time and place for each hearing and conduct the hearings jointly. Where joint hearings are held, a single record of the proceedings may be made; the evidence introduced in one case may be considered as introduced in the other, and a separate or joint decision may be made as appropriate.

(h) Where the Department of Public Safety is not represented by counsel as an advocate, the Hearing Officer may conduct an adequate inquiry for a proper resolution of the matter.

(i) Hearing Officers may take judicial notice of adjudicative facts, any matter of common law, statute, ordinance, rule and regulation, and any record of or received by the Department of Public Safety in the usual and ordinary course of business.

(j) Continuances may be allowed only at the discretion of the Hearing Officer or their designee.

(k) Following a hearing before the Department, an order shall be issued containing findings and the final decision of the Department.

Okla. Admin. Code § 595:1-3-4

Amended at 10 Ok Reg 3185, eff 6-25-93; Amended at 13 Ok Reg 2811, eff 6-28-96; Amended at 14 Ok Reg 3499, eff 8-12-97

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