SECTION 150:120-7-6. Hearing

(a)   The Executive Director will conduct a hearing within thirty (30) days from the receipt of the appeal by the Executive Director unless the parties and the Executive Director agree to waive this requirement in order to allow additional time to resolve the matter, or the Executive Director, or his or her designee, can waive the requirement upon application by one of the parties or unilatterally. The hearing will be conducted pursuant to the Executive Director's rules at 150:1-11-1 through 150:1-11-17.

(b)   The Executive Director will issue a decision within thirty (30) days from the date the hearing record is closed.

(c)   The decision of the Executive Director will be final and binding unless an appeal is filed to district court pursuant to Oklahoma's Administrative Procedures Act, 75 Okla. Stat. section 318.

(d)   ODOC will provide the administrative record to the district court as provided for in ODOC's rule at 150:1-11-15.

(e)   At the hearing, the grant recipient bear the burden of proof to show that the WIA funds granted or paid to the grant recipient were spent in compliance with the statutes, regulations, state policies, uniform administrative requirements, and OMB Circulars that govern these funds and their program. The entities must also prove the WIA costs the entities claim are allowable were determined in accordance with generally accepted accounting principles and adequately documented in compliance with the statutes, regulations, uniform administrative requirements and OMB Circulars that govern these funds and their program.

(f)   Any fee charged to the grant recipient for assistance in resolving the monitoring report or to prepare and present an appeal to the Executive Director or District Court cannot be charged to grant or contract funds received from ODOC. This includes fees charged by an accountant, expert witness, attorney, or other representative.

[Source: Added at 23 Ok Reg 1205, eff 5-25-06; Amended at 31 Ok Reg 887, eff 9-12-14]