SECTION 450:1-5-10. Conduct and record of hearing

(a)   Open to public. Every hearing before ODMHSAS shall be conducted by the designated Hearing Officer. All hearings shall be open to the public unless a protective order is entered for protection of consumer confidentiality; however, upon motion of a party to the proceeding, the Hearing Officer may exclude from the hearing room any witness not at that time under examination. A party to the proceeding and that party's attorney may not be excluded.

(b)   Record. All testimony shall be taken on the record unless otherwise designated by the Hearing Officer. An electronic recording of the hearing proceedings shall be made. The recording will not be transcribed as a matter of course. The electronic recording of ODMHSAS shall be the official record. Copies of the recordings shall be provided to a party on written request. The cost of transcription, if done, shall be borne by the party having the recording transcribed.

(c)   Court reporter. A party may have the proceeding transcribed by a court reporter at the expense of the party. Each party requesting copies shall make arrangements for such with the reporter, and pay the costs.

(d)   Maintenance of the record. The record of a proceeding and the file containing the notices and the pleadings will be maintained by the Hearing Clerk in a location designated by the Hearing Clerk. All pleadings, motions, orders and other papers submitted for filing in an individual proceeding shall be stamped with the date filed by the Hearing Clerk upon receipt.

(e)   Designation on appeal. On an appeal to district court, the parties may designate and counter-designate portions of the record to save costs, following the procedures in the APA.

[Source: Added at 10 Ok Reg 3741, eff 7-12-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 23 Ok Reg 1941, eff 7-1-06]