SECTION 310:2-21-15. Hearing procedure

(a)   APA Governs. The order of procedure in hearings in all individual proceedings shall be governed by the Oklahoma APA and this Chapter. At the hearing, each party may make a brief opening statement; present witnesses, documents and exhibits on its behalf; cross-examine adverse witnesses. The right to make a closing statement or argument shall be at the discretion of the assigned administrative law judge. The rules of evidence shall be those specified by the APA. At the discretion of the assigned administrative law judge, any party may reopen the case in chief, even after the adverse party has rested. Parties may stipulate to any lawful matter.

(b)   Rulings. The assigned administrative law judge shall rule on the admissibility of evidence and objections to evidence, on motions or objections raised during hearings. All objections shall be made promptly or be deemed waived. Parties shall be deemed to have taken exception to any adverse ruling.

(c)   Standards of Proof. The standard of proof in all individual proceedings affecting or prejudicing an individual's license, registration, permit, certification or other authorization to engage in a given livelihood or occupation shall be clear and convincing evidence. In all other matters the standard of proof shall be a preponderance of the evidence.

(d)   Findings and conclusions. The assigned administrative law judge shall hear all evidence and arguments applicable in a case and shall prepare the final order in the proceeding, which shall include Findings of Fact and Conclusions of Law, separately stated. The record of the proceedings may be deemed to be closed when the parties announce that the matter has been fully submitted to the assigned administrative law judge. The assigned administrative law judge may allow the parties to submit briefs or proposed findings of fact and conclusions of law before ruling on the matter at issue. The assigned administrative law judge shall specify the time of filing and must rule on each proposed finding of fact and conclusion of law. The assigned administrative law judge may take the cause of action under advisement for a period not to exceed fifteen (15) days and will then issue a final order in writing to the parties.

[Source: Added at 24 Ok Reg 1896, eff 6-25-07]