SECTION 5:21-5-4. Standards for making decision

(a)   The Board may take notice of:

(1)   Judicially cognizable facts, and

(2)   Generally recognized technical or scientific facts within the specialized knowledge of one or more members of the Board.

(b)   The standard of proof in all hearings shall be clear and convincing evidence.

(c)   The Board shall consider past disciplinary action taken against any accused found guilty in any present proceeding. Such past conduct shall not be evidence of guilt in the present proceeding but will be considered only in determining appropriate sanctions to be imposed by the Board in the present proceeding.

(d)   Unless precluded by law, the accused may waive any right granted in the law and proceed by stipulation, agreed settlement, consent order, or default. No provision of this section shall be construed as prohibiting the Board from suspending, or holding in abeyance, any formal proceeding pending the outcome of informal negotiation or informally agreed upon terms.

(e)   All orders shall be in writing and state findings of fact, conclusions of law, and actions to be taken. Final orders shall state their effective date.

[Source: Added as 5:20-5-4 at 25 Ok Reg 1500, eff 4-17-08 (emergency); Added at 26 Ok Reg 1802, eff 7-15-09]