SECTION 660:2-9-2. Initiation of individual proceedings

(a)   Request for hearing and answer. The person to whom the notice of opportunity for hearing is addressed shall file with the Administrator a written answer within the time specified in the notice. The answer shall indicate whether the party requests a hearing and shall specifically admit or deny each allegation of the Department or state that the party does not have, and is unable to obtain, sufficient information to admit or deny each allegation. When a person intends in good faith to deny only a part of an allegation, the party shall specify so much of it as is true and shall deny only the remainder. A statement of a lack of information shall have the effect of a denial. Any allegation not denied shall be deemed admitted. Failure of a party to file an answer in compliance with this subsection shall result in the issuance of a final order against that party.

(b)   Setting or denial of hearing. Upon receipt of a written request for a hearing, the Administrator shall either promptly schedule a hearing or shall issue a written order denying a hearing.

(c)   Time of notice. Notice of all hearings shall be served by regular first class mail or by personal delivery within a time reasonable in light of the circumstances, in advance of the hearing, but not less than forty-five (45) days in advance thereof, to all parties. For good cause shown, any hearing may be rescheduled, provided all persons entitled to notice of such hearing are promptly advised thereof.

(d)    Content of notice. The notice of hearing shall contain the following information:

(1)   the date, time, place and nature of the hearing;

(2)   a statement of the legal authority and jurisdiction under which the hearing is to be held;

(3)   a short plain statement of the matters asserted; and

(4)   a reference to the particular sections of the statutes and rules involved.

(e)   Appointment of hearing officer. The Administrator may delegate authority to a Hearing Officer to conduct an individual proceeding and prepare a proposed order for submission to the Administrator whenever deemed appropriate under the circumstances. The Administrator shall enter into a written contract with each Hearing Officer appointed, which shall govern the terms of appointment.

(f)   Authority of presiding officer. The Administrator, or the Hearing Officer, shall have the authority to do all things necessary and appropriate to conduct the individual proceeding. The duties of the Administrator, or the Hearing Officer, include, but are not limited to, the following:

(1)   Administering oaths and affirmations;

(2)   Issuing subpoenas authorized by law and quashing or modifying any such subpoena;

(3)   Receiving relevant evidence and ruling upon the admission of evidence and offers of proof;

(4)   Regulating the course of a proceeding and the conduct of the parties and their counsel;

(5)   Holding prehearing and other conferences and requiring the attendance at any such conference of any party;

(6)   Recusing himself upon a motion of a party based on reasonable grounds, or upon his own motion;

(7)   Considering and ruling upon all procedural and other motions, subject to any limitations otherwise specified;

(8)   Requiring the filing of briefs, if so desired; and

(9)   Requiring the filing of proposed findings of fact and conclusions of law.

(g)   Submission of case on documentary record. The Administrator, or the Hearing Officer, may elect not to hold a hearing if all parties agree to submit the case on the documentary record and waive their right to appear.

[Source: Amended at 15 Ok Reg 3411, eff 7-15-98; Amended at 21 Ok Reg 2489, eff 7-1-04; Revoked at 24 Ok Reg 2329, eff 7-1-07]