SECTION 340:2-28-19. Evidentiary purpose

  The hearing is directed to receiving factual evidence related to issues in the proceeding.

(1)   Argument. Argument is not presented in evidence, but in statements, memoranda, or briefs, as determined by the administrative law judge (ALJ). Brief opening statements of the party's position and what the party intends to prove may be made at the hearing.

(2)   Testimony. Testimony is given orally, under oath or affirmation, by witnesses at the hearing. Witnesses must be available for cross-examination by all parties at the hearing. The ALJ may conduct hearings telephonically or by other electronic means when requiring a party or witness to physically attend would create a hardship.

(3)   Stipulation and exhibits. Two or more parties may agree to stipulations of fact. Stipulations of fact or exhibits proposed by any party must be exchanged at the prehearing conference or otherwise prior to the hearing if the ALJ so requires. The ALJ may substitute copies for original documents. Unless otherwise ordered, all exhibits to be introduced into evidence or presented at the hearing must be marked in numerical order for identification and shown to opposing parties prior to the prehearing conference or, where a conference is not held, prior to the hearing on the matter.

(4)   Confidential information. Confidential information, such as bank account numbers, routing numbers or Social Security numbers, may be redacted by the party submitting the documents. If the numbers are relevant to the case, redacting all numbers except the last four digits is acceptable.

(A)   It is the responsibility of the party submitting the documents to redact any sensitive material.

(B)   The originals with the redacted information intact may be required for viewing by the ALJ assigned to the case.

(5)   Rules of evidence; exceptions. Technical rules of evidence do not apply to the hearing. Rules and principles designed to ensure production of the most credible evidence available and to subject testimony to test by cross-examination are applied by the ALJ where reasonably necessary. A witness may be cross-examined on any matter material to the proceeding without regard to the scope of direct examination of the witness. The ALJ may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record are open to examination by the parties. Opportunity is given to refute facts and arguments presented on either side of the issues.

(6)   Evidence of payments. A report of payments made by the obligor or payor with a certification of authenticity executed by the Oklahoma Department of Human Services or a district court clerk is admissible in evidence as self authenticated.

(7)   Judicial notice. The ALJ may take judicial notice at any stage of the proceeding of the common law, constitutions, and public statutes in force in every state, territory, and jurisdiction of the United States, including tribal courts and the Court of Indian Offenses, and of adjudicative facts whenever:

(A)   the adjudicative fact is generally known within the territorial jurisdiction of the administrative court;

(B)   the adjudicative fact is capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned; or

(C)   a party requests the taking of judicial notice and supplies the ALJ with the necessary information.

[Source: Added at 9 Ok Reg 113, eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff 7-1-07]