SECTION 340:2-5-79. Telephonic hearings

(a)   Telephonic hearings.

(1)   The Appeals Unit supervisor or the administrative hearing officer (AHO) may designate a hearing be conducted by the AHO by telephone.

(2)   When a hearing is conducted by an AHO in-person, the AHO may allow a witness, including the client or an Oklahoma Department of Human Services (OKDHS) employee, to testify by telephone, if the AHO determines:

(A)   the person's testimony is needed and he or she is unable to testify in person; or

(B)   requiring in-person testimony would be burdensome.

(b)   Procedures relating to telephonic hearings.

(1)   All procedures, forms, and policies regarding hearings apply to telephonic hearings, unless otherwise specified by the AHO.

(2)   The notice of hearing includes instructions to the parties regarding:

(A)   the submission of exhibits;

(B)   the location of the client and OKDHS employee during the hearing; and

(C)   any other instructions regarding pre-hearing and hearing procedures or requirements.

(c)   AHO authority. The AHO has the authority to issue directions regarding any aspect of a hearing conducted by telephone, even if different than directions and procedures included in other subsections of this Section, if necessary to ensure that the hearing process is fair to the client and OKDHS.

[Source: Added at 19 Ok Reg 2199, eff 6-27-02; Amended at 27 Ok Reg 2624, eff 6-21-10 (emergency); Amended at 28 Ok Reg 777, eff 5-26-11]