SECTION 240:10-13-42. Conduct of hearings

(a)   Hearings (in-person and telephonic). Hearings will be conducted in a manner to protect the substantial rights of the parties. Hearings will be in accordance with the requirements of the Employment Security Act of 1980 and the Administrative Procedures Act.

(b)   Rules of evidence.

(1)   The parties may present testimony and evidence in their own behalf and each party shall be allowed the right of cross examination. The hearing officer may also examine the parties and witnesses.

(2)   All hearings shall be conducted in accordance with 75 O.S. §310, except where OESC Rules or the Employment Security Act of 1980 provides for an alternative procedure, in which case the provisions of OESC Rules or the Employment Security Act of 1980 shall prevail.

(c)   Parties submitting audio, video or electronic images as evidence must do so in a standard format and must provide copies to the Appeal Tribunal. The evidence must be provided in a manner that can be reviewed without special codes or software. The standard formats shall be published by the Appeal Tribunal on the agency web site and updated periodically.

[Source: Amended at 15 Ok Reg 1496, eff 5-11-98; Amended at 16 Ok Reg 1178, eff 5-13-99; Amended at 27 Ok Reg 821, eff 5-1-10; Amended at 28 Ok Reg 1055, eff 6-15-11]