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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 565. Oklahoma Board of Private Vocational Schools |
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Chapter 1. Administrative Operations |
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Subchapter 3. Formal and Informal Procedures |
SECTION 565:1-3-3. Hearings for individual proceedings
Latest version.
- Hearing for individual proceedings shall be in accordance with the Administrative Procedures Act and the following procedures:(1) Notice of hearing. Notice of all hearings shall be given by the Board not less than twenty days in advance thereof to all persons directly affected by such a hearing.(2) Contents of notice.(A) The time and place of hearing.(B) A statement of the matters to be considered.(C) A statement of the legal authority and jurisdiction under which the hearing is to be held.(D) A short plain statement of the matters asserted. If such statement of the issues is not sufficient, upon application a more definite and detailed statement shall be furnished.(E) A reference to the particular sections of the statutes and/or rules involved.(3) Witnesses. The Board shall have the power to subpoena witnesses and administer oaths, or to subpoena documentary evidence in any cause before it. All subpoenas shall be served in the manner as if issued from district court. Any person or party to a hearing before the Board who may be adversely affected by the order of the Board shall have the right to have subpoenas issued to any witnesses in its behalf.(4) Hearings to be open. All hearings shall be open to the public.(5) Right to counsel. Any person affected by the hearing shall have the right to appear in person and by counsel, provided, however, that such counsel representing the party, must be 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 present evidence in his own behalf.(6) 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.(7) 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 shall be made by a competent 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 their expense.(8) Content of the record.(A) All pleadings, motions and intermediate rulings.(B) All evidence received or considered including a statement of matters officially noted.(C) Questions or offers of proof, objections and rulings thereon.(D) Proposed finding and exceptions.(E) The decision, opinion, report or order of the Board.(9) Findings of fact. All findings of fact shall be based exclusively on the evidence presented and on matters officially noticed. A final order adverse to a party in an individual proceeding shall be in writing or stated in the record. A final order shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, upon request, a party submits proposed findings of fact, the order shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any order. Upon request, a copy of the order shall be delivered or mailed forthwith to each party and to their attorney of record.(10) Rehearings.(A) At the discretion of the Board a rehearing may be granted to any party if a written request is made therefore within ten days after any order is mailed or delivered to the person entitled to receive same. In the request for rehearing the party shall set forth one or more of the following grounds:(i) Newly discovered or newly available evidence relevant to the issues.(ii) Need for additional evidence to adequately develop the facts essential to a proper decision.(iii) Probable error committed by the Board in the proceeding or in its decision such as would be ground for reversal on judicial review of the order.(iv) Need for further consideration of the issues and the evidence in the public interest: or(v) A showing that issues not previously considered by the OBPVS ought to be considered by the Board in order to properly conclude the matter.(B) Nothing in these rules shall prevent the Board from rehearing, reopening or reconsidering any matter in accordance with other statutory provisions applicable to the Board, or at any time, on the grounds of fraudulent practices by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence.(11) Matter to be considered upon rehearings. On rehearing, the hearing shall be confined to those grounds upon which the rehearing was granted.