SECTION 318:20-1-9. Hearing

(a)   Presiding officer. The hearing shall be conducted by the Chair of the Board or his designee.

(b)   Order of procedure. Each individual proceeding shall proceed as follows:

(1)   Any party shall at all times have the right to counsel. Counsel must be licensed to practice law by the Oklahoma Supreme Court.

(2)   All parties shall be afforded the opportunity to present witnesses, evidence, and argument on all issues involved.

(3)   A party may cross-examine witnesses.

(4)   The Board or hearing officer may ask questions of all parties.

(c)   Objections and motions. The Chair or his designee shall rule on the admissibility of evidence and objections to evidence, and shall rule on motions or objections raised in the course of the hearing. In the exercise of this function, the Chair may rely on the advice of counsel present and serving in an advisory capacity. Any party may object to a ruling which the party considers erroneous, and an exception to such ruling shall be noted of record. Failure to timely object to any alleged error or irregularity shall be deemed as a waiver of such objection.

(d)   Burden and standard of proof. The burden of proving the allegations contained in its complaint shall be upon the State. The standard of proof required to sustain the imposition of any sanction against a respondent shall be by clear and convincing evidence.

(e)   Ruling.

(1)   The Board or hearing officer shall prepare Findings of Fact and Conclusions of Law. The Board or hearing officer may request the parties to submit proposed Findings and Conclusions before making a final ruling. Any party may file proposed Findings and Conclusions. Disposition of any individual proceeding may be by stipulation, agreed settlement, consent order, default or majority vote.

(2)   The Board, by majority vote of a quorum of its members, may deny, suspend, or revoke a certification for any of the reasons provided in 318:10-1-10. The Board by majority vote of a quorum of its members, may refuse, cancel, or revoke a certification or any of the reasons provided in 318:10-1-10.

[Source: Added at 21 Ok Reg 781, eff 4-26-04]