SECTION 560:1-1-7. Hearings

(a)   General.

(1)   In any case where the Board shall hold a hearing on any licensee or application therefore, the procedures for such hearing shall be governed generally by the Administrative Procedures Act (75 O.S. 1981, §§ 301 through 327).

(2)   Any hearing under this subsection shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under the Act or any other law of this State or the United States.

(b)   Notice of hearing. Notices of all hearings shall be given by the Board not less than ten (l0) days in advance thereof to all persons directly affected by such hearing. The notice of the hearing shall contain the following information:

(1)   The time and place of hearing;

(2)   A statement of the matters to be considered thereat;

(3)   A statement of the legal authority and jurisdiction under which the hearing is to be held.

(4)   A short, plain statement of the matters to be asserted. If such statement of the issues is not sufficient, upon application, a more definite and detailed statement will be furnished.

(5)   A reference to the particular sections of the statutes and/or Rules or Regulations involved.

(c)   Open meetings. All hearings shall be open to the public.

(d)   Right to counsel. Any person affected by the hearing, shall have the right to appear in person, and be represented by counsel, provided that such counsel representing the party is duly licensed to practice law by the Supreme Court of Oklahoma, and may be present during the giving of evidence, may have a reasonable opportunity to examine and inspect all documentary evidence, may examine witnesses, and may present evidence in his own behalf.

(e)   Rules of evidence. The formal rules of pleading and evidence need not be observed. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available, and, upon request, a party shall be given an opportunity to compare the copy with the original. Notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the specialized knowledge of the Board. The Board's experience, technical competence, and specialized knowledge shall be utilized in the evaluation of evidence.

(f)   Transcript of hearing. Upon written request reasonably made by any person affected by the hearing, and at such person's expense, a full stenographic record of the proceedings may be made by a certified court reporter. When such transcription shall be made a part of the record of the Board, any other person having a direct interest therein, shall be furnished with a copy of such stenographic record at his expense.

(g)   Content of the record. The record in any hearing, shall include the following information:

(l)   All pleadings, motions, and intermediate rulings;

(2)   All evidence received or considered, including a statement of matters officially noted;

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

(4)   Proposed findings and exceptions;

(5)   The decision, opinion, report, or order of the Board.

[Source: Amended at 23 Ok Reg 1964, eff 7-1-06]