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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 375. Oklahoma State Bureau of Investigation |
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Chapter 25. Oklahoma Self-Defense Act |
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Subchapter 3. Hearings |
SECTION 375:25-3-3. General rules regarding hearings
Latest version.
- (a) In any case where a procedure inconsistent with this chapter is required by statute, the statute shall govern to the extent of such inconsistency.(b) Hearings may be afforded persons not otherwise qualified under these rules, at the discretion of the Director.(c) Unless a hearing is required by statute, any person entitled to a hearing must demand the hearing in writing and in compliance with this chapter.(d) A person is not entitled to a hearing when the action taken by the OSBI is made mandatory by law or when the person has previously been afforded an opportunity with notice for hearing.(e) Every party shall have the right to present his or her case or defense by oral or documentary evidence, to submit evidence in rebuttal and to conduct such cross-examination as may be required for a full and true disclosure of the facts. The hearing examiner may limit cross examination which is cumulative, repetitive, or interfered with the conduct of the hearing.(f) When two (2) or more hearings are to be held, and the same or substantially similar evidence is relevant and material to the matters in issue at each hearing, the examiner may fix the same time and place for each hearing and conduct the hearings jointly. Where joint hearings are held, a single record of the proceedings may be made; the evidence introduced in one case may be considered as introduced in the other, and a separate or joint decision may be made as appropriate.(g) Where the OSBI is not represented by counsel as an advocate, it shall be the duty of the hearing examiner to neutrally inquire into each material and essential element which the OSBI is obligated to prove, by questions of the witnesses.(h) Hearing examiners may take judicial notice of any relevant document which is a record of the OSBI, or which has been received by the OSBI in the usual and ordinary course of business.(i) Continuances may be allowed at the discretion of the hearing examiner.