SECTION 310:2-21-28. Video-teleconference hearings

(a)   General. Any hearing may be held using video-teleconference technology using the capability provided for such transmissions at qualified local county health department locations. The proceedings will be conducted in a manner that is similar to those conducted when all parties are in the same room. Participants will be required to sit in front of a television monitor and can see the parties at the other locations.

(b)   Procedure. The opposing party witnesses are required to arrive at the designated video-teleconference venue at least twenty (20) minutes prior to the time of hearing. At the commencement of a video-teleconference the presiding administrative law judge, hearing clerk or video coordinator will check that the link has been established. The administrative law judge will confirm that the participants at the remote location can be seen and heard clearly and in like manner insure that the participants at the remote venue can clearly see and hear the participants and administrative law judge at the hearing venue. The assigned administrative law judge will decide and explain the procedure for the video-teleconference prior to testimony being taken. Identification for each participant, such as a driver's license or photo I.D., may be required. At the beginning of the docket, each case will be called and the parties will be given the number in which their case will be heard. Only the case being heard by the presiding administrative law judge will be in video contact with the tribunal. Parties are to remain at the video-teleconference location until their case is called and their hearing has been conducted. The administrative law judge may dismiss witnesses prior to conclusion of the hearing.

(c)   Seating and configuration of the participants. The Department's representative and witnesses will sit on the right side of the table as they are facing the tribunal. The opposing party and witnesses will sit on the left side of the table as they are facing the tribunal. Depending upon the arrangement of the particular room at the remote venue, seating arrangements may change. All persons present will use good manners and maintain a civil attitude. All persons present will dress and act appropriately as conduct themselves as if they were in a formal courtroom, including turning off or silencing all cell phones or other electronic devices. No hats will be worn in either venue. Once a hearing begins, all video-teleconference participants at all locations connected to the conference shall be in full view of the camera at all times, with minimal visual obstructions.

(d)   Hearing procedure. The administrative law judge will be in charge of the proceedings. Parties will be sworn in and testimony taken as in a courtroom proceeding. The entire proceeding will be recorded using both audio and video means. Only one person shall talk at a time as directed by the administrative law judge.

(e)   Recesses. If a recess is taken, the administrative law judge will indicate for the record when it starts and stops and when the record is to continue. The administrative law judge will also note the presence or absence of those attending and previously identified prior to the recess.

(f)   Exhibits. All exhibits that a party intends to present at a hearing must be submitted to the administrative hearing clerk and opposing party/counsel at least five (5) days prior to the hearing. All exhibits must be identified numerically and indicate if the exhibit is by petitioner or respondent. (Example: Respondent's Exhibit 1). If the author of a document is not present to provide a foundation for admission, and the document does not otherwise qualify for an exception, it may be denied admission into evidence unless the administrative law judge determines it has probative value to the issues of the case. Other than a request for a hearing letters to the tribunal or letters to the Department are not part of the evidence unless offered by one of the parties and admitted.

(g)   Witnesses. In some cases, witnesses may be required to wait outside the hearing room at a remote venue because of limitations on space or because of a procedural requirement. In most cases, all witnesses will be sworn in at the beginning of the hearing and admonished not to discuss their testimony with other witnesses.

(h)   Continuances. A request to continue a video-teleconference hearing must be made no later than five (5) days before the hearing unless there is a showing of good cause. The request must be in writing and either mailed, faxed or emailed to the hearing clerk within the time specified. The request must explain why a continuance is necessary, must indicate the person requesting the continuance, and must indicate if the opposing counsel has been contacted and whether opposing counsel objects to the continuance request. If the hearing is continued, it will be scheduled on the next available docket.

(j)   Technical difficulties. If a video link is interrupted or cannot be established, the hearing may be postponed or proceed as a telephone hearing at the discretion of the tribunal.

[Source: Added at 27 Ok Reg 2496, eff 7-25-10]