SECTION 395:10-1-3. Hearing procedures

  The Board shall conduct hearings in accordance with the Administrative Procedures Act and the Open Meeting Laws of the State of Oklahoma. In regards to the Oklahoma Law Enforcement Retirement System, procedures for such hearings are as follows:

(1)   Any person aggrieved by action or order of the Board may make request for a hearing to the Board in writing within thirty (30) days after notification of such allowance or disallowance of claim. The Board then shall schedule time for a hearing, and give written notice of said hearing to contestant not less than twenty (20) days prior to hearing date. The hearing shall be held in Oklahoma City, Oklahoma, unless otherwise directed by the Board. The person requesting a hearing before the Board shall supply to the Executive Director, not less than ten (10) days prior to the hearing, a copy of all exhibits that the person will offer during the hearing, together with a list of all witnesses that the person anticipates calling as a witness with a detailed description of the witnesses' proposed testimony. Failure to supply the foregoing information to the Executive Director shall result in the exclusion of exhibits and witness testimony being presented on behalf of the person requesting the hearing. After such hearing the Board shall affirm, reverse, or modify its previous action, specifying the reasons therefor, and written notice of the action taken by the Board shall be forwarded immediately to the interested parties by the President of the Board.

(2)   Hearings may be conducted by the President of the Board, or a hearing officer, or a hearing officer may be assigned to assist the President of the Board in conducting the hearing.

(3)   Pre-hearing Conference: A pre-hearing conference may be used to determine legal or factual issues. When a pre-hearing conference is used, said conference may be conducted by the President of the Board, a designee of the President of the Board, or a hearing officer designated by the President of the Board. Said conference shall be conducted at least five (5) days prior to the hearing. Exhibits to be used at the hearing shall be marked and numbered. Exhibits will be exchanged at the pre-hearing conference. The admissibility or inadmissibility of exhibits to be used during the hearing will be determined by the individual presiding over the pre-hearing conference. Each exhibit used during the hearing must be produced in sufficient quantities for every Board Member to receive a copy at the time of hearing. Witnesses intended to be called at the hearing will be identified at the pre-hearing conference and the admissibility of their proposed testimony determined by the individual presiding over the pre-hearing conference. The issues to be determined at the hearing will be identified at the pre-hearing conference. A record of the pre-hearing conference may be made by tape recording.

(4)   In such hearing, opportunity shall be afforded the party or parties requesting same to respond and present evidence and argument on all issues involved. The hearing shall be conducted in an orderly manner. The party or parties requesting the hearing shall be heard first; those, if any who oppose the relief sought by the requesting party shall then be heard.

(A)   Unless precluded by law, informal disposition may be made of any individual proceedings by stipulation, agreed settlement, consent order or default.

(B)   Any party shall at all times have the right to counsel, provided such counsel is duly licensed to practice law by the Supreme Court of Oklahoma.

(5)   Rulings on admissibility of evidence shall be made by the President of the Board or a hearing officer selected by the Board. The President of the Board or the hearing officer may recess and reconvene the hearing at his/her discretion.

(6)   Should the party or parties contesting the Board's actions desire a full verbatim record of the proceedings, it shall be the full responsibility of the contestant to employ and pay for the services of a competent court reporter to record the proceedings. If transcribed, the record shall be a part of the Board's record of the hearing. Otherwise, the record will be taken by employees of the System as provided in Title 47, O.S. Section 2-309 as amended.

(7)   The President of the Board or his designee shall have authority for purpose of the hearing to administer oaths; and with the approval of the Board, shall have the authority to issue subpoenas for witnesses or subpoenas duces tecum to compel the production of books, records, papers, and other objects, which subpoenas may be served, by any duly qualified officer of the law or any employee of the Board in any manner prescribed for the service of a subpoena in a civil action.

(8)   Any request for continuance received five (5) days or more before the scheduled hearing date may be granted by the Executive Director. Reasons for granting a continuance may include one of the following reasons: illness of the party requesting the hearing, or illness of a material witness, or unavoidable conflict in the schedule of the legal counsel. If the request for continuance is received, the Executive Director will decide whether to grant such a continuance. Said request for continuance must be mailed to the Executive Director and must be simultaneously mailed to all other interested parties and so indicated on the request. If the continuance is granted, all parties will be notified by the Secretary of the Board, or the Secretary of the Board's designee.

(9)   All final orders in any hearing shall be made within thirty (30) days after the conclusion of the hearing. Parties shall be notified of such orders either in person or by registered mail. A final order shall include findings of fact and conclusion of law, separately stated.

[Source: Amended at 10 Ok Reg 3733, eff 7-12-93; Amended at 18 Ok Reg 3084, eff 7-12-01; Amended at 20 Ok Reg 962, eff 5-12-03]