Okla. Admin. Code § 75:45-2-11

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

Section 75:45-2-11 - Hearings

(a)Conflict between APA and Rules. Unless in conflict with the Administrative Procedures Act ("APA"), the order of procedure in all proceedings shall be governed by this Chapter. In the event of a conflict between the APA and this Chapter, the APA controls. To the extent that this Chapter is more specific than the APA, the Attorney General intends for the rules in this Chapter to control.

(b)Notice of Hearings. The Attorney General, the Chief Administrative Law Judge, or the assigned administrative law judge, shall schedule the date, time, and place of any hearing in accordance with these rules. The Hearing Clerk shall notify the parties. The initial hearing shall be scheduled at least thirty (30) days after the date of service of the initial filing. If a specific law requires a hearing in fewer days, that statute shall be followed.

(c)Hearing Proceedings. At the hearing, each party may make a brief opening statement; present witnesses, documents, and exhibits on its behalf; and cross-examine adverse witnesses. The right to make a closing statement or argument shall be at the discretion of the assigned administrative law judge. At the discretion of the assigned administrative law judge, any party may reopen the case in chief, even after the adverse party has rested. Parties may stipulate to any lawful matter.

(d)Recording. All pre-hearing proceedings and hearings shall be electronically recorded as required by section 309 of the Administrative Procedures Act.

(e)Court reporter. Upon written request to the Office of Administrative Hearings, a hearing will be electronically recorded and transcribed by a certified court reporter. The requesting party must make necessary arrangements with the Office of Administrative Hearings, bear the cost of the reporter's attendance, and bear the cost of the transcription of the proceeding. The requesting party shall furnish the administrative law judge an original and all counsel of record in a case a copy of the transcript.

(f)Testimony under oath. The testimony of witnesses shall be under oath or affirmation, and the making of false statements may subject a witness to the penalties of perjury.

(g)Standards of proof. The standard of proof in all proceedings affecting or prejudicing a license, registration, permit, certification, or other authorization to engage in a given livelihood or occupation shall be clear and convincing evidence. In all other matters the standard of proof shall be a preponderance of the evidence.

(h)Rulings. The assigned administrative law judge shall rule on the admissibility of evidence and objections to evidence, and on motions or objections raised during hearings. All objections shall be made promptly or be deemed waived. Parties shall be deemed to have taken exception to any adverse ruling.

(i)Fees. The ordinary fees and costs of a hearing may be assessed by an administrative law judge against the respondent unless the respondent is the prevailing party. No fees shall be assessed against the Attorney General or Office of the Attorney General.

Okla. Admin. Code § 75:45-2-11

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024