SECTION 260:40-5-13. Individual proceedings

(a)   The EBD follows the provisions of Article II of the Administrative Procedures Act, Sections 309 through 323 of Title 75 of the Oklahoma Statutes, and this Chapter. The EBD or a person named as the Hearing Examiner shall conduct hearings. This section does not apply to public hearings to receive comments on proposed rules or to the EBD's selection of contractors or benefit providers.

(b)   The Director shall set the date for the hearing and shall send notice of the hearing to all parties.

(c)   All hearings shall be held before the EBD or a Hearing Examiner designated by the Director. The Director may set cases for original hearing by the EBD upon his determination of special policy considerations for the EBD. The EBD may agree to hear any part or all of the matter or direct any part or all of the matter to the Hearing Examiner for a hearing.

(d)   Rulings on admissibility of evidence shall be made by the EBD Chairperson or Hearing Examiner. The remaining quorum of the EBD may overrule the Chairperson's decision on their own motion or upon motion of any party to the hearing. Formal rules of evidence shall not be used. The agency may admit and give effect to documents, testimony, and other evidence which tend to prove or disprove facts as commonly accepted.

(e)   The Chairperson or Hearing Examiner shall have the authority to administer oaths; and the Director or designated Hearing Examiner for the EBD shall have the authority to issue subpoenas for witnesses or subpoenas duces tecum to compel the production of books, records, papers and other objects. These subpoenas may be served by any duly qualified officer of the law, any employee of the EBD, or other person in any manner prescribed for the service of a subpoena in a civil action.

(f)   All hearings shall be electronically recorded by the presiding officer. Any party may obtain a copy of the recording under OAC 260:40-3-7.

(g)   Any party may request a full stenographic record of the proceedings be made by a certified court reporter. The party requesting the court reporter shall be required to post an appropriate cash deposit and shall remain responsible for the full cost of the court reporter. If transcribed, this record shall be a part of the EBD's record of the hearing. A copy of the record shall be furnished to any other party having a direct interest in the hearing at the expense of the party requesting the copy.

(h)   In all hearings, opportunity to respond and present evidence and argument on all issues involved shall be provided to all requesting parties. The hearing shall be conducted in an orderly manner. The party or parties requesting the hearing shall be heard first; those, if any, who oppose the relief sought by the requesting party shall next be heard. Each party shall have the opportunity to present closing arguments, subject to reasonable time limits set by the EBD or the Hearing Examiner.

[Source: Added at 31 Ok Reg 1358, eff 9-12-14]