SECTION 450:1-5-11. Hearing officers

(a)   Exercise of authority. The Commissioner shall appoint at least one individual who is a licensed attorney to act as the Administrative Hearing Officer in individual proceedings filed before the Department of Mental Health and Substance Abuse Services.

(b)   The Administrative Hearing Officer shall conduct fair and impartial hearings and take all necessary action to avoid delay in the disposition of all proceedings. He or she shall have all powers necessary to that end unless otherwise limited by law, including but not limited to, the authority to:

(1)   Administer oaths and affirmations;

(2)   Rule upon objections and offers of proof and receive relevant evidence;

(3)   Rule upon the institution of discovery procedures as appropriate;

(4)   Convene a hearing as appropriate, regulate the course of the hearing, examine any witness in order to clarify issues; maintain decorum and exclude from the hearing any disruptive persons;

(5)   Exclude from the hearing any witness whose later testimony might be colored by testimony of other witnesses or any person whose presence might have a chilling effect on testifying witness;

(6)   Rule on all motions, witness and exhibit lists and proposed findings;

(7)   Require the filing of memoranda of law and the presentation of oral argument with respect to any question of law;

(8)   Order the production of evidence and the appearance of witnesses whose testimony would be relevant, material and non-repetitious;

(9)   Make inquiries of the parties or witnesses for the purpose of clarification or fact findings to insure a fair and impartial decision;

(10)   Render decisions pursuant to the particular action taken;

(11)   May require, or allow, the filing of briefs by the parties, and may designate the order and time for filing briefs and reply briefs;

(12)   Close the record when all interested parties have had the opportunity to be heard and to present evidence; and

(13)   Issue findings and orders.

(c)   Disqualification of hearing officer.

(1)   The Administrative Hearing Officer shall withdraw from any individual proceeding in which he cannot accord a fair and impartial hearing or consideration, stating on the record the reasons therefore, and shall immediately notify all parties of the withdrawal.

(2)   Any party may file a motion requesting the Administrative Hearing Officer withdraw on the basis of personal bias or other disqualification and specifically setting forth the reasons for the request. This motion shall be filed as soon as the party has reason to believe there is a basis for the disqualification. The Administrative Hearing Officer shall rule on said motion.

[Source: Added at 10 Ok Reg 3741, eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2100, eff 7-1-03; Amended at 23 Ok Reg 1941, eff 7-1-06]