SECTION 475:1-5-6. Submission and receipt of evidence  


Latest version.
  • (a)   The hearing officer may allow evidence at a hearing or pre-hearing conference that is competent, relevant, material and not unduly repetitious.
    (b)   Opinion testimony shall be admitted when the hearing officer is satisfied that the witness is properly qualified.
    (c)   Authenticity of all documents submitted in advance shall be deemed admitted unless objection thereto is filed with the hearing officer, except that a party will be permitted to challenge such authenticity at a later time upon showing of good cause for failure to have filed such written objection.
    (d)   Samples, if otherwise admissible into evidence, may be displayed at the hearing and may be described for purposes of the record or may be admitted into evidence as exhibits.
    (e)   Where official notice is taken or is to be taken of a material fact not appearing in the evidence of record, any party, on timely request, shall be afforded opportunity to controvert such fact.
    (f)   The hearing officer shall file as exhibits copies of the following documents:
    (1)   The order to show cause or notice of hearing.
    (2)   Any waiver of hearing.
    (3)   The prehearing ruling, if any.
    (4)   Any other document necessary to show the basis for the hearing.
[Source: Amended at 12 Ok Reg 2833, eff 7-15-95; Amended at 24 Ok Reg 2735, eff 8-11-07; Amended at 29 Ok Reg 1311, eff 6-25-12]