SECTION 252:4-9-34. Administrative Law Judges and Clerks

(a)   Administrative Law Judge. The Executive Director may designate an Administrative Law Judge for any administrative hearing in accordance with 27A O.S. § 2-3-103. Administrative Law Judges shall not have had prior involvement in the matter other than as an Administrative Law Judge, unless the parties waive this requirement.

(b)   Administrative Law Clerk. The Executive Director may designate an Administrative Law Clerk to maintain the administrative hearing dockets and records, and perform such other duties as described in this Chapter or incidental thereto.

(c)   Authority. Administrative Law Judges have complete authority to conduct individual proceedings and may take any action consistent with the APA and the rules of this subchapter. Administrative Law Judges may:

(1)   arrange and issue notice of the date, time and place of hearings and conferences;

(2)   establish the methods and procedures to be used in the presentation of the evidence;

(3)   hold conferences to settle, simplify, determine, or strike any of the issues in a hearing, or to consider other matters that may facilitate the expeditious disposition of the hearing;

(4)   administer oaths and affirmations;

(5)   regulate the course of the hearing and govern the conduct of participants;

(6)   examine witnesses;

(7)   rule on, admit, exclude and limit evidence, at or before hearings;

(8)   establish the time for filing motions, testimony, and other written evidence, briefs, findings, and other submissions, and hold the record open for such purposes;

(9)   rule on motions and pending matters;

(10)   divide the hearing into stages or join claims of parties whenever the number of parties is large or the issues are numerous and complex;

(11)   restrict attendance by persons not parties to the hearing in appropriate cases;

(12)   admit attorneys from other jurisdictions to practice law before the DEQ in accordance with Rules of the Oklahoma Bar Association, 5 O.S. Chapter 1, Appendix 1, Article II, § 5, and administer the oath required by 5 O.S. § 2.

(13)   require briefs on any relevant issues;

(14)   request proposed findings of fact, conclusions of law and a proposed order from all parties; and

(15)   restrict testimony to the facts alleged in an assessment order.

(d)   Technical assistance. At the request of the Administrative Law Judge, the Executive Director may designate a DEQ representative, who has had no assigned responsibilities related to the matter at issue, to serve as technical adviser to the Administrative Law Judge.

[Source: Added at 18 Ok Reg 1922, eff 6-11-01]