SECTION 255:10-5-3. Hearing  


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  • (a)   Hearing date set. Upon receipt of any complaint or protest filed timely pursuant to 255:10-1-2, the Board will fix a date of hearing. Service of notice of the hearing shall be made by certified mail.
    (b)   Hearings conducted under Administrative Procedures Act. Hearings will be conducted in accordance with the Administrative Procedures Act before the Board or before a hearing officer designated by the Board.
    (c)   Subpoena power. The hearing authority may require the furnishing of information; the attendance of witnesses; and the production of books, records, papers or other objects as may be necessary and proper for the purposes of the hearing.
    (d)   Depositions. Any party to a proceeding may take depositions of witnesses in the same manner as provided by law in civil actions before courts of record and such depositions may be admitted into evidence subject to the right of objection at the time of hearing in accordance with the law.
    (e)   Conduct of hearings. The hearing shall be conducted in an orderly manner by the hearing examiner or Chairman of the Board. The order of procedure will follow that which applies in civil proceedings of law. However, the rules of evidence shall be those specified by the Oklahoma Administrative Procedures Act.
    (f)   Admissibility. The Chairman of the Board, or hearing examiner, shall rule upon the admissibility of evidence and objections thereto, and shall rule upon other motions or objections arising in the course of the hearing.