SECTION 630:4-5-9. Powers of hearing examiners

(a)   Under the regulations of this subchapter, a hearing examiner may:

(1)   Administer oaths and affirmations;

(2)   Issue subpoenas;

(3)   Issue appropriate orders relating to discovery;

(4)   Rule on procedural requests or similar matters;

(5)   Hold conferences for settlement of simplification of the issues;

(6)   Regulate the course of the hearing and govern the conduct of participants;

(7)   Rule on offers of proof, receive relevant, material and non-repetitious evidence, and make inquiries of parties and witnesses to develop fairly the facts and issues;

(8)   Take other actions authorized by these regulations and the act;

(9)   Require or allow the filing of briefs, proposed findings of fact and conclusions of law by the parties;

(10)   Issue final orders for parties in default, for withdrawals of petitions and for settlements; and

(11)   Make or recommend decisions, issue proposed orders and close the record.

(b)   A hearing examiner may order a prehearing conference:

(1)   To simplify and clarify issues;

(2)   To receive stipulations and admissions;

(3)   To explore the possibility of agreement disposing of any or all of the issue in dispute; and

(4)   For such other purposes as may be appropriate.

(c)   Except as otherwise provided in the regulations of this subchapter, the jurisdiction of the hearing examiner shall terminate upon:

(1)   The filing of a notice of appeal from an initial decision or other order dispositive of the proceeding;

(2)   The issuance of an order of the Commission granting a petition for review; or

(3)   The expiration of the time period within which a petition for review or an appeal to the Commission may be filed.

[Source: Amended at 25 Ok Reg 2003, eff 7-1-08]