SECTION 380:16-5-3. Hearing procedures

(a)   Employers cited for violations of the Act will be provided with notice of the date, time, and place where they may contest such violations. Employers may appear either in person or by counsel. Failure to appear may result in entry of a default order and assessment of the maximum fine allowable by law. Employers may file whatever pleadings or motions they deem appropriate.

(b)   The Notice of Violation and the testimony of the inspecting officer shall establish a prima facie case that the violation occurred.

(c)   If the employer wishes to contest any facts relating to the violation, or to present an affirmative defense, the employer shall provide the following documents to the agency's Legal Division at least 10 days prior to the scheduled hearing date:

(1)   A brief statement explaining the employer's defenses to the citation;

(2)   A list of any witnesses the employer intends to call on its behalf;

(3)   Two (2) copies of all documents the employer intends to introduce as exhibits at the hearing.

(d)   Unless good cause is shown, no evidence shall be admissible at the hearing unless the same has been provided to the Legal Division as required above.

[Source: Added at 16 Ok Reg 3016, eff 7-12-99]