Okla. Admin. Code § 660:2-7-3

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

Section 660:2-7-3 - Investigative processes

(a)Authority. Investigations under the statutes administered by the Administrator shall be conducted by representatives designated and duly authorized for this purpose. Such representatives are authorized to exercise and perform the duties of their office in accordance with the statutes of the state of Oklahoma and the regulations of the Administrator, including administration of oaths and affirmations, in any matter under investigation by the Administrator. Nothing in this section shall prohibit the Administrator or the Administrator's designee from expanding or restricting the scope of any investigation at any time during an investigation.

(b)Investigative hearings. Investigative hearings, as distinguished from hearings in individual proceedings, may be conducted in the course of any investigation undertaken by the Administrator, including inquiries initiated for the purpose of determining whether or not a respondent is complying with an order of the Administrator. Investigative hearings may be held before the Administrator or the Administrator's designee for the purpose of hearing the testimony of witnesses and receiving documents and other data relating to any subject under investigation. Such hearings shall be non-public.

(c)Subpoena to testify or produce records. While the Administrator encourages voluntary cooperation in investigations, the Administrator or the Administrator's designee, at any stage of any investigation, may issue a subpoena ordering the person named therein to appear before a designated representative at a designated time and place, including the offices of the Department, to testify, to file a sworn statement or affidavit, and/or to produce documentary evidence relating to any matter under investigation.

(1) Testimony shall only be reduced to writing or recorded at the direction of the Department.

(2) Documents required by a subpoena shall be produced in the manner, form, and time frame instructed therein.

(d)Subpoena to grant access. The Administrator may issue a subpoena to grant access to, to examine, and to copy documents, books or other records of any person being investigated.

(e)Service. Subpoenas shall be served in the manner provided by law.

(f)Written examination. The Administrator or the Administrator's designee may issue an order requiring persons to file a report or statement, or answers in writing and under oath to specific questions, relating to any matter under investigation.

(g)Rights of witness. Any person under investigation, compelled to furnish information or documentary evidence, shall be advised of the purpose and scope of the investigation, subject to the confidentiality requirements provided by law. Any person required to testify shall be entitled to review a copy of the transcript of the person's own testimony, if transcribed, at the offices of the Department. Any person required to submit documentary evidence shall be entitled to retain or, on payment of lawfully prescribed cost, to procure a copy of any document produced by such person. Any party compelled to testify or to produce documentary evidence may be accompanied and advised by counsel, provided that such counsel is duly licensed to practice law by the Supreme Court of Oklahoma. Such counsel may question such person briefly at the conclusion of the examination to clarify any of the answers such person has given.

(h)Confidentiality. Information or documents obtained by the Administrator and subpoenas issued in connection with an investigation shall be kept confidential and shall not be made available to the public, unless expressly ordered by the Administrator, or disclosed pursuant to the provisions of Subchapter 9 of this Chapter or as otherwise provided by law.

(i)Duty to Supplement. Any person who has responded to a subpoena must supplement its response in a timely manner if the person learns that in some material respect the disclosure or response is incomplete.

Okla. Admin. Code § 660:2-7-3

Amended at 15 Ok Reg 3411, eff 7-15-98; Amended at 21 Ok Reg 2489, eff 7-1-04

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 11/1/2016

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 11/1/2020