SECTION 55:10-15-15. Hearings

(a)   General provisions.

(1)   The Board shall set a time and place for the hearing of charge, provided that such hearing shall not be set less than twenty (20) days from mailing of notice of the proceeding to the last known address of the accused party according to Board records or information.

(2)   Such notice shall include a copy of the charge, a statement of the time, place and nature of the hearing, a statement of the legal authority and jurisdiction under which the hearing is held; of the matters asserted or issues involved. At any hearing interested parties shall be afforded the opportunity to respond, present evidence, and argue on all issues involved.

(3)   Unless precluded by law, informal disposition may be made of any proceeding by stipulation, agreed settlement, consent order, or default.

(4)   At any hearing the party charged with misconduct or violation of the Act or Rules shall enjoy the following rights:

(A)   against self-incrimination in testimony before the Board. However, any previous testimony before a court or inquiry of public record, may be used in evidence; and

(B)   of confidential communication with his spouse, attorney, clergyman, priest and/or physician; and

(C)   of withholding such other records and files of any official or agency of any state or of the United States which, by any statute of such state or of the United States, are made confidential or privileged; and

(D)   of cross examination; and

(E)   of counsel.

(b)   Hearing record.

(1)   The hearing record shall include:

(A)   All pleadings, motions and intermediate rulings;

(B)   Evidence received or considered;

(C)   Questions and offers of proof, objections, and rulings thereon;

(D)   Proposed findings and exceptions;

(E)   Any decision, opinion, or report by the officer presiding at the hearing;

(F)   All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case. This does not include staff memoranda or data submitted or communicated to Counsel for the Board, unless used in the hearing.

(2)   Oral proceedings or any part of the oral proceedings shall be transcribed on request of any party.

(3)   Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

(c)   Methods of hearings. Hearings shall be conducted by one of the following methods, as determined by the Board:

(1)   By the Board;

(2)   By any member of the Board or its designee acting as hearing examiner;

(3)   By any attorney licensed to practice before the Supreme Court of the State of Oklahoma acting as hearing examiner.

[Source: Amended at 16 Ok Reg 1333, eff 5-27-99; Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg 815, eff 5-11-07]