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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 375:25-3-5. Withdrawal of hearing request or dismissal of hearings
Latest version.
- (a) With the approval of the hearing examiner, at any time prior to the mailing of notice of decision, a demand for a hearing may be withdrawn by the party or parties filing the demand for hearing.(b) A party may request withdrawal by filing a written notice with the examiner or orally stating the request at the hearing. The hearing examiner may request written notice for the file.(c) A party may be deemed to have abandoned a demand for hearing if the party fails to timely appear at the place fixed for hearing, and prior to the time for hearing, the party has not shown good cause why he or she cannot appear. The hearing examiner may enter an order of default judgment.(d) The hearing examiner may, on his or her own motion, dismiss a hearing demand, either entirely or as to any stated issue, under any of the following circumstances:(1) Where the doctrine of res judicata is applicable because of a final decision either by the OSBI or by judicial affirmance.(2) Where the party demanding a hearing is not a proper party or does not otherwise have a right to a hearing. This would include, but is not limited to, cases in which an individual has been convicted of an offense following which revocation of the license is mandatory under an applicable statute.(3) Where the party has failed to file a timely hearing demand.(4) Where the hearing examiner, in his or her opinion, finds that a petition filed in any proceeding does not raise a question of fact or the claim or appeal is frivolous.(5) As a sanction for disrespectful conduct, or any conduct which interferes with the hearing examiner's ability to conduct a hearing.