Oklahoma Administrative Code (Last Updated: March 11, 2021) |
TITLE 460. Department of Mines |
Chapter 2. Rule of Practice and Procedure for the Coal Reclamation Act of 1979 |
Subchapter 3. Evidentiary Hearings |
SECTION 460:2-3-2. Powers of hearing examiners
Latest version.
- (1) Administer oaths and affirmations;(2) Issue subpoenas;(3) Issue appropriate orders relating to discovery;(4) Rule on procedural requests or similar matters;(5) Hold conferences for settlement or simplification of the issues;(6) Regulate the course of the hearing;(7) Rule on offers of proof and receive relevant evidence;(8) Take other actions authorized by the regulations in this Chapter and the act; and(9) Make or recommend decisions.(b) A hearing examiner may order a prehearing conference:(1) To simplify and clarify issues;(2) To receive stipulations and admissions;(3) To explore the possibility of agreement disposing of any or all of the issues in dispute; and(4) For such other purposes as may be appropriate.(c) Except as otherwise provided in the regulations of this Chapter, the jurisdiction of the hearing examiner shall terminate upon:(1) The filing of a notice of appeal from an initial decision or other order dispositive of the proceeding;(2) The issuance of an order of the Director granting a petition for review;(3) The expiration of the time period within which a petition for review or an appeal to the Director may be filed.