Okla. Admin. Code § 75:45-2-12

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

Section 75:45-2-12 - Pre-hearing Procedure

(a)Purpose. All matters pending before the Office of Administrative Hearings are subject to pre-hearing procedures determined by the assigned administrative law judge to be appropriate for a prompt and efficient resolution to matter. At least one pre-hearing conference will routinely be ordered unless the assigned administrative law judge determines the same to be unnecessary.

(b)Pre-hearing Conference Procedure.

(1) The pre-hearing conference shall be used to resolve any dispute or matter the resolution of which would promote the orderly and prompt conduct of the pre-hearing process or a hearing on the merits. The assigned administrative law judge may hold more than one prehearing conference, convert a pre-hearing conference into a scheduling conference, or hold a final pre-hearing conference to formulate the plan to streamline the hearing on the merits. The conference shall be informal, structured by the assigned administrative law judge and not open to the public. No witnesses shall appear or present evidence.

(2) The assigned administrative law judge shall notify the parties of the date, time, and place of any pre-hearing conference at least ten (10) days before the scheduled date. A pre-hearing conference may be held by electronic or virtual means.

(3) If a record is requested by the parties, the conference may be recorded by audio tape and/or transcribed by a court reporter at the requesting party's expense.

(4) If a final pre-hearing conference is ordered, the attorneys and/or any unrepresented parties shall confer prior to the final pre-hearing conference and prepare a single suggested Pre-hearing Conference Order for use during the conference and the hearing on the merits. Any party unable to secure the cooperation of another party may submit their own proposed Pre-hearing Conference Order and, if the other party's cooperation is shown to be without cause, request that the other party's Proposed Pre-hearing Conference Order be stricken. A Pre-hearing Conference Order must follow substantially the form provided in Rule 5 of the Rules for District Court, 12, O.S., Ch.2, App.

(5) The administrative law judge shall issue an order within ten (10) business days of a pre-hearing conference. Such order, when entered, controls the subsequent course of the proceeding, unless modified by the administrative law judge.

Okla. Admin. Code § 75:45-2-12

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