SECTION 340:2-28-9. Power of the administrative law judge

  The administrative law judge (ALJ) is authorized pursuant to state and federal laws referenced in OAC 340:2-28-1 and the rules in this Subchapter. The duties of the ALJ are to conduct fair hearings, avoid delays, maintain order, and make a record of all proceedings arising under the ALJ's jurisdiction. The ALJ has all powers necessary to accomplish these ends, including, but not limited to:

(1)   presiding at all hearings of the Office of Administrative Hearings: Child Support (OAH);

(2)   changing the date, time and place of the hearing or continue matters previously scheduled upon the timely request of either party or the ALJ's own motion, with notice to the parties when required. The ALJ has the power to continue a hearing in whole or in part;

(3)   scheduling prehearing conferences at the discretion of the ALJ, either before the ALJ or outside the ALJs' presence to consider matters that may aid in the prompt disposition of the proceeding, including but not limited to:

(A)   settling, simplifying, or clarifying issues;

(B)   discussing evidentiary matters;

(C)   exchanging documents;

(D)   accepting stipulations; and

(E)   conferring on any matter pertinent to a specific case;

(4)   ordering any party, the party's attorney, or other lawfully authorized representative, to be physically present at a hearing or a prehearing conference;

(5)   requiring participation of parties and requiring parties to state their positions with respect to the various issues in the proceeding;

(6)   administering oaths and affirmations;

(7)   ruling on motions or other procedural matters, including issuance of protective orders or other relief to a party against whom discovery is sought pursuant to the Oklahoma Discovery Code, Chapter 41 of Title 12 of the Oklahoma Statutes;

(8)   regulating the course of the hearing and conduct of counsel, witnesses, and the parties. This includes the mode and order of interrogation and presentation to:

(A)   make the interrogation and presentation effective for determination of the truth;

(B)   avoid needless consumption of time; and

(C)   protect witnesses and parties from harassment or undue embarrassment;

(9)   examining witnesses whether called by the ALJ or a party;

(10)   reviewing evidence and receiving, ruling on, excluding, or limiting evidence or discovery;

(11)   setting the time for filing motions, petitions, briefs, and other items;

(12)   making a final decision on all issues presented that are within OAH's jurisdiction;

(13)   compelling by subpoena the appearance of witnesses, the production of papers or other evidence, or the issuing of subpoenas with the understanding that nothing in this paragraph precludes the issuance of subpoenas by someone other than the ALJ when permitted by law;

(14)   taking matters under advisement;

(15)   holding hearings and prehearing conferences by telephone or other electronic means;

(16)   permitting the substitution of original documents with copies for filing;

(17)   permitting the filing of facsimile or electronic documents;

(18)   requiring announcements for all cases listed on the docket;

(19)   ordering, at the request of a party or on the ALJ's own motion, the exclusion of witnesses from the hearing room so they cannot hear the testimony of other witnesses, except a party who is a natural person or an officer or employee of a party that is not a natural person designated as its representative by its attorney;

(20)   disposing of any matter by stipulation, agreed settlement, consent order, or default;

(21)   recessing the hearing for a brief period of time, if a recess is necessary to facilitate the hearing process, at the request of any party, upon the ALJ's own motion, or for other good cause shown;

(22)   directing either party to prepare the proposed journal entry for the ALJ's review. The journal entry must contain both findings of fact and conclusions of law. The ALJ may:

(A)   approve the proposed order as submitted;

(B)   require revisions to the proposed order; or

(C)   personally redraft the proposed order, in whole or in part;

(23)   directing either party to prepare other orders, including, but not limited to, orders for continuance, and orders for prehearing motions;

(24)   requesting the district child support enforcement office to provide assistance to the ALJ to expedite proceedings; and

(25)   imposing appropriate sanctions as provided in the Code of Civil Procedure, Chapter 1 of Title 12 of the Oklahoma Statutes, and the Oklahoma Discovery Code, Chapter 41 of Title 12 of the Oklahoma Statutes.

[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]