SECTION 185:1-1-9. Order to appear before the Board

(a)   If the Board wishes to have any person appear personally before it, and/or furnish records or other evidence, the Board will comply with the following procedure:

(1)   Execute a subpoena signed by the Chairperson or Administrator, stating date, time and place of the Board meeting and requested records wherein consideration will be given to the claim filed by the claimant.

(2)   Mail the subpoena by certified mail, return receipt requested, ten (10) days in advance of meeting wherein attendance is required or obtain personal service of the subpoena within five (5) days.

(3)   Should the person under subpoena be unable to comply with the terms of the subpoena, it shall be the responsibility of that person to so notify the Administrator either by mail or phone at least three (3) days prior to said meeting of the reason of inability to attend or produce records.

(4)   It shall then be the responsibility of the Board to either:

(A)   continue consideration of the claim to the next regularly scheduled meeting or,

(B)   to consider the claim without the appearance of the person or records subpoenaed.

(b)   In certain cases, the failure of a claimant to appear before the Board when subpoenaed, may be considered failure to cooperate in the claim investigation and the claim may be denied, withdrawn, or reduced accordingly by the Board.

[Source: Amended at 11 Ok Reg 1153, eff 2-28-94; Amended at 25 Ok Reg 1899, eff 6-26-08]