SECTION 158:1-5-10. Order of procedure

(a)   Generally that of civil proceedings. The order of procedure in hearings in all individual proceedings shall generally be governed by the Oklahoma Pleading Code and the Discovery Code. At the hearing, each party may make a brief opening statement; present witnesses, documents and exhibits on its behalf; cross-examine adverse witnesses; and make closing arguments. The rules of evidence shall be those specified by the APA. At the discretion of the 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.

(b)   Matters not described. Any matter of practice or procedure not specified either by the APA or by these rules will be guided by practice or procedure followed in the district courts of this state.

(c)   Rulings. The Administrative Law Judge shall rule on the admissibility of evidence and objections to evidence, on motions or objections raised during hearings, and may rely on the advice of counsel present and serving in an advisory capacity. Any party may object to a ruling considered erroneous. All objections shall be made promptly or be deemed waived. Parties shall be deemed to have taken exception to any adverse ruling.

(d)   Findings and conclusions. The Administrative Law Judge shall hear all evidence and arguments applicable in a case and shall prepare Findings of Fact and Conclusions of Law. The Administrative Law Judge may allow the parties to submit briefs or proposed findings and conclusions before ruling on the matter at issue, specify the time of filing and shall rule on such proposed findings.

[Source: Added at 19 Ok Reg 1243, eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff 5-28-02]