SECTION 325:70-1-24. Appeal hearing procedure

(a)   Both appellant and appellee are entitled to have counsel present to present arguments. The appeal hearing is a hearing on the record and not a new hearing; therefore, presentations by both sides will be limited to arguments and/or comments regarding the record of the Stewards' hearing. Any alleged new evidence as discussed in 325:70-1-22 shall require that an offer of proof be made to the Commission, such offer of proof being a brief explanation of the new evidence to the Commission. If such offer is accepted and new evidence and/or witnesses allowed, both appellant and appellee are entitled to present evidence and witnesses and to cross-examine other witnesses.

(b)   The Commission will allow each side 15 minutes for his/her presentation based on the record as alleged in the appeal petition. Upon conclusion of argument, Commissioners may ask questions.

[Source: Amended at 16 Ok Reg 2895, eff 7-12-99; Amended at 34 Ok Reg 1324, eff 9-11-17]