 |
Oklahoma Administrative Code (Last Updated: March 11, 2021) |
 |
TITLE 377. Office of Juvenile Affairs |
|
Chapter 15. Community-Based Youth Services |
|
Subchapter 7. Individual Proceedings: Application Denials, and Termination of Designation as a Youth Services Agency |
SECTION 377:15-7-5. Procedures for Hearing
Latest version.
- (a) The hearing shall be conducted in an orderly manner and shall be presided over by the Chairperson of the Board or Board Member Designee.(b) The rules of evidence used during the hearing shall be those specified by the Administrative Procedures Act.(c) Witnesses shall be sworn upon oath or shall affirm the truth of their testimony and are subject to cross-examination. The oath or affirmation shall be administered by the Chairperson of the Board or Board Member Designee.(d) The Chairperson of the Board or Board Member Designee shall rule upon the admissibility of evidence or objections thereto, or upon motions or objections arising during the hearing.(e) The rulings of the Chairperson of the Board or Board Member Designee shall be the rulings of the Board unless reversed or modified by a majority vote of the Board.(f) The Board may utilize the services and advice of its attorney (serving as legal advisor) regarding any matter of evidence, law, or procedure in the conduct of the hearing. All decisions concerning objections or procedures shall be made by the presiding Board member.(g) An attorney may be designated by the Board to present the position adverse to the Youth Services Agency applicant or Youth Services Agency whose designation is terminated, but any Board member may inquire of any witness concerning matters deemed relevant and competent and not otherwise offered into evidence.(h) All preliminary motions filed by any party prior to the commencement of the hearing shall be ruled upon at the beginning of the hearing.(i) The Board shall admit and give probative value to all competent, relevant and probative evidence, both oral and documentary, which tends to prove or disprove the facts germane to the designation denial or termination.(j) The Board may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. The Board is possessed of specialized knowledge and such knowledge will be used when officially noticed along with other evidence in arriving at a decision. Notice may also be taken of judicially cognizable facts.(k) All parties shall be given an opportunity to respond and present evidence on all issues involved.(l) In all individual proceedings, the Office of Juvenile Affairs shall bear the burden of proof that shall be by clear and convincing evidence.