SECTION 450:1-5-13. Order of hearing

(a)   Appearances and default. At the hearing, every party shall announce an appearance. An individual may appear on their own behalf or be represented by an attorney. A corporation must be represented by counsel. Any respondent who fails to appear as directed, after service of the petition and notice of hearing as provided by these rules, may be determined to have waived the right to appear and present a defense to the allegations contained in the petition, and the Hearing Officer may default the party and issue an order sustaining the allegations.

(b)   Preliminary matters. The following shall be taken up prior to receiving evidence:

(1)   The ODMHSAS and other parties may offer preliminary exhibits, including pleadings necessary to present the issues to be heard.

(2)   Ruling shall be made on any pending motions, including requests for delivery of documents.

(3)   Stipulations of fact and stipulated exhibits shall be received.

(4)   Parties shall make opening statements where appropriate.

(5)   Any other preliminary matters appropriate for dispositions prior to offers of evidence.

(c)   Rules of evidence. The rules of evidence shall be those specified by the APA.

(d)   Presentation of the case. At the hearing, each party may make a brief opening statement, present witnesses and exhibits, cross-examine adverse witnesses, and make closing arguments.

[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]