SECTION 310:2-21-10. Pre-hearing procedure

(a)   Purpose. All matters pending before the Office of Administrative Hearings are subject to pre-hearing procedures determined by the assigned administrative law judge to be appropriate for a prompt and efficient resolution to matter. At least one pre-hearing conference will routinely be ordered unless the assigned administrative law judge determines the same to be unnecessary.

(b)   Initial Disclosure Statement. Within thirty (30) days after the filing of an answer, each party shall file the following information, and shall provide copies to the assigned administrative law judge and all parties:

(1)   A brief statement of the case, together with a list of stipulations to which the party will agree, and requested remedies;

(2)   A list of all known witnesses who have knowledge of the facts surrounding the issues of the case and who may be expected to be called at the hearing. The list shall include a brief summary of the expected testimony of each witness;

(3)   A list of any known documents or other exhibits together with the original or a copy of each document or exhibit that may be offered into evidence at the hearing. Non-documentary exhibits shall be described and a date given when they can be made available to the opposing party for inspection;

(c)   Pre-hearing Conference procedure. The assigned administrative law judge shall provide notice to the parties of the date, time, and place of any pre-hearing conference at least ten (10) days prior to the scheduled date. The conference shall be informal, structured by the assigned administrative law judge, and not open to the public. If a record is deemed advisable by the assigned administrative law judge or requested by the parties, the conference may be recorded by audio tape and/or transcribed by a court reporter at the requesting party's expense. The pre-hearing conference shall be used to resolve any dispute or matter the resolution of which would promote the orderly and prompt conduct of the pre-hearing process or the hearing on the merits. The administrative law judge shall issue an order reciting any agreements made by the parties as to any matter considered. No witnesses shall appear or present evidence. The assigned administrative law judge may convert a pre-hearing conference into a scheduling conference, which may be held telephonically.

(d)   Final Pre-hearing Conference. The assigned administrative law judge may hold more than one pre-hearing conferences or a final pre-hearing conference to formulate the final plan to streamline the hearing on the merits. If a final pre-hearing conference is ordered, the attorneys and any unrepresented parties shall confer prior to the final pre-hearing conference and prepare a single suggested Pre-hearing Conference Order for use during the conference and the hearing on the merits. Any party unable to secure the cooperation of another party may submit their own Proposed Final Pre-hearing Conference Order and, if the other party's cooperation is shown to be without cause, request that the other party's Proposed Final Pre-hearing Conference Order be stricken. The Final Pre-hearing Conference Order may follow substantially the form provided in Rule 5 of the Rules for District Court, 12, O.S., Ch.2, App. Such order, when entered, controls the subsequent course of the proceeding, unless modified to prevent manifest injustice. The assigned administrative law judge may waive the requirement of a pre-hearing conference order unless such order is requested by a party.

[Source: Added at 24 Ok Reg 1896, eff 6-25-07; Amended at 27 Ok Reg 2496, eff 7-25-10]