SECTION 730:25-3-6. Notice, hearings, and appeals for debarments or suspensions

(a)   Definitions. The following terms and procedures shall apply to the conduct of hearings for debarments and suspensions as set forth in this section and such other hearings as the Department may determine. The following words and terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise.

(1)   "Administrative appeal" means the complete procedure that takes place, including the filing of a petition, to conduct an administrative review of a decision of the Department of Transportation when such decision is reviewable under this chapter or as otherwise provided.

(2)   "Administrative head" means the Director of the Oklahoma Department of Transportation or a person officially designated by the Director to issue final agency orders in administrative appeals under this section.

(3)   "Affidavit" mean a written statement of facts, made voluntarily, confirmed by the oath or affirmation of the party making such written statement and which is taken before a person with statutory authority to administer such oath or affirmation.

(4)   "Allegation" means the claim of a party which that party expects to prove in the administrative hearing.

(5)   "Allege" means to state, assert or charge; to make an allegation.

(6)   "Appellant" means the party who files a petition for hearing.

(7)   "Burden of proof" means the obligation of a party to establish alleged fact(s) by clear and convincing evidence.

(8)   "Continuance" means a postponement of a status conference, prehearing or hearing to a future date. Continuances shall be granted at the discretion of the Presiding Officer for good cause shown.

(9)   "Cross-examination" means the questioning of a witness by a party other than the party calling the witness. Cross-examination may only involve the issues covered in direct examination.

(10)   "Deposition" means a form of discovery in which the testimony of a party or witness is taken and recorded prior to an administrative hearing. Depositions shall be taken before a court reporter in response to a subpoena unless otherwise taken by agreement of the parties.

(11)   "Direct examination" means the questioning of a witness by a party calling the witness.

(12)   "Discovery" means the process of determining relevant information for use at an administrative hearing. Discovery is conducted prior to an administrative hearing and upon order of the Presiding Officer unless otherwise agreed to by the parties.

(13)   "Dismiss" means to close an administrative hearing without further consideration.

(14)   "Evidence" means relevant documents or testimony that tends to prove or disprove the existence or non-existence of a fact.

(15)   "Ex parte communications" means improper communication of a material nature between the Presiding Officer and only one party or a witness, concerning the factual or legal issues of an administrative hearing which could affect the outcome of the hearing.

(16)   "Director" means the Chief Operating Official of the Oklahoma Department of Transportation.

(17)   "Exhibit" means document(s) or other physical thing(s) formally introduced as evidence at an administrative hearing.

(18)   "Filing" means the formal delivery of documents to the office of the Hearing Liaison Officer of the Oklahoma Department of Transportation.

(19)   "Final agency order" means a written determination made by the Director or his designee to decide an individual proceeding.

(20)   "Hearing" means an open, formal meeting conducted by a Presiding Officer to decide an appeal. The meeting is to provide each party with an opportunity to present evidence in support of the party's side of the case.

(21)   "Hearing examiner" means a person appointed by the Director to hold hearings and as required render proposed orders.

(22)   "Hearing liaison officer" means the person appointed by the Director to act as the official repository of the records of all hearings conducted under this subchapter and to perform such other duties as may be set forth herein.

(23)   "Interrogatories" means a form of discovery consisting of a set of written questions about the subject matter of the appeal which are submitted to the other party or a witness. Answers to interrogatories shall be made in writing under oath upon order of the Presiding Officer unless otherwise agreed to by the parties.

(24)   "Intervenor" means a person or agency permitted to voluntarily enter an administrative appeal as a party.

(25)   "Issue" means a disputed point or question on which the parties to an administrative appeal seek a resolution.

(26)   "Motion" means a request from a party for a ruling or order to be made by the Presiding Officer.

(27)   "Notice" means a written announcement of an action or proposed action.

(28)   "Order" means a command or directive given by the Presiding Officer in an administrative appeal.

(29)   "Party" means a person or agency by whom or against whom an administrative appeal is filed and includes a person or agency permitted to intervene in an administrative appeal.

(30)   "Petition for appeal" means the formal document filed by a person with the Hearing Liaison Officer whereby the person requests a hearing and seeks a remedy.

(31)   "Petition for reconsideration or rehearing" means a formal application filed after the final agency order has been made by the Presiding Officer requesting a rehearing or reconsideration of the case. A petition for reconsideration or rehearing shall state specifically each fact upon which the party relies to request reconsideration or rehearing and shall further state each legal theory citing specific authority which the party contends mandates rehearing or reconsideration.

(32)   "Prehearing conference" means a meeting conducted by the Presiding Officer with the parties or their representatives to identify the issues for hearing, present final list of documents, final witness lists and to entertain motions not previously ruled upon. The Presiding Officer will issue a prehearing order which will guide the Presiding Officer and the parties in the conduct of the administrative hearing.

(33)   "Preponderance of evidence" means information or evidence which is more convincing or believable than the information or evidence offered in opposition.

(34)   "Presiding officer" means the Director, his designee to issue final agency orders, or Hearing Examiner who will actually conduct the administrative hearing.

(35)   "Proposed order" means the order prepared by the Hearing Examiner at the conclusion of the hearing which is submitted to the parties for their consideration.

(36)   "Relevant" means directly related to the issue or issues of the administrative appeal.

(37)   "Remedy" means corrective action sought by the appellant, offered by the respondent, or ordered as a result of the hearing.

(38)   "Representative" means an agent acting on behalf of a party.

(39)   "Respondent" means the party to an administrative hearing against whom the petition for administrative hearing is filed.

(40)   "Status conference" means a meeting conducted by the Presiding Officer with the parties to establish discovery schedules, motion and briefing schedules, resolve procedural issues and to expedite the hearing process.

(41)   "Stipulation" means a voluntary agreement between the parties which establishes a fact.

(42)   "Subpoena and subpoena duces tecum" means an order to appear at a certain time and place to give testimony. A Subpoena Duces Tecum additionally requires the person who is ordered to appear to produce books, papers and other documents or tangible things. A subpoena or subpoena duces tecum shall only issue, or be of any force and effect, when approved in writing by the Presiding Officer.

(43)   "Sustain" means to grant a request or to grant the remedy requested in an administrative appeal.

(44)   "Testimony" means statements given by a witness under oath or affirmation.

(b)   General provisions.

(1)   Initiation of appeal. The administrative hearing process conducted under this procedure begins with the filing of a petition for the administrative review of an action or proposed action by the Department under this subchapter. The petition shall be filed with the Department's designated Hearing Liaison Officer. The petition must be filed with the Hearing Liaison Officer within the time period provided in the section relating to the action or proposed action. Filing of a petition within the period provided is a jurisdictional prerequisite. Upon receipt of a petition for an administrative hearing, the Hearing Liaison Officer shall immediately notify the Director and the Office of the General Counsel and provide them with a copy of the petition. The Director shall file with the Hearing Liaison Officer a written designation of the Presiding Official for the administrative appeal. The Hearing Liaison Officer shall provide a copy of this designation to the Appellant and the Office of the General Counsel. The Office of the General Counsel shall file with the Hearing Liaison Officer a copy of the notice of the action or proposed action which is the subject of the appeal.

(2)   Form of petition. The petition for an administrative appeal shall be in general conformance with the example provided as Appendix A to this chapter. The petition shall be notarized. The Hearing Liaison Officer shall not accept for filing an unnotarized petition.

(3)   Answer. The Department shall, within twenty (20) days of the receipt of the petition by the Hearing Liaison Officer, file with the Hearing Liaison Officer an answer to the Appellants petition which states the basis upon which the Department proposes the appealed action. A copy of the Answer shall be mailed to the Appellant or its designated representative by the Hearing Liaison Officer.

(4)   Representation of parties. Parties shall have the right to counsel at all stages in an administrative appeal so long as the person is willing and available to serve. Counsel must be duly licensed to practice law in the State of Oklahoma by the Oklahoma Supreme Court. The parties shall designate their representatives, if any, in the petition for appeal or response except as otherwise provided in this section. A change in representation must be submitted to the Hearing Liaison Officer in writing.

(5)   Ex parte communications. Ex parte communications with the Presiding Officer are prohibited from the time the parties involved know that the administrative appeal will be scheduled for hearing until a final decision has been issued. This prohibition applies only to communications which involve the merits of the case or those which violate requirements for written communications. This provision does not apply to communications authorized or required by the law nor matters not related to the administrative appeal.

(6)   Intervenors. Any person, having a valid demonstrable interest in the outcome of an administrative appeal proceeding may request permission to intervene in an administrative appeal. A motion to intervene and proposed order must be made in writing at the earliest possible time and must include a showing that the outcome of the administrative appeal would directly affect the person requesting leave to intervene. The motion with brief shall be filed with the Hearing Liaison Officer and copies shall be served on all parties to the administrative appeal. Intervenors will be considered full parties and will have the same rights and duties as an original party, except that intervenors do not have an independent right to an administrative hearing and may only participate on the issues affecting them as stated in the order granting intervention.

(7)   Dismissal and penalties.

(A)   The Presiding Officer may dismiss an appeal if;

(i)   the appeal is clearly moot or is without merit; or

(ii)   the Petitioner fails or refuses to appear for a scheduled hearing, a pre-hearing conference, or other conferences ordered by the Presiding Officer, or to accept a settlement offer which affords the relief the Petitioner could reasonably expect if he or she prevailed in the administrative hearing.

(iii)   the Presiding Officer may dismiss an administrative appeal because it was not properly filed or is not within the scope of the Department's authority or jurisdiction.

(B)   If the appeal has been scheduled for administrative hearing, the Presiding Officer will issue a notice of proposed dismissal including the basis for such decision to all parties. Responses from the parties must be received by the Hearing Liaison Officer within fifteen (15) calendar days. If the Presiding Officer is the Director or designee to issue final agency orders, and no responses are received, the proposed order becomes final on the date the proposed order of dismissal is issued. If the Presiding Officer is a Hearing Officer not designated to issue final agency orders, the record shall be forwarded to the Director with the response, if any, and the Director may issue the dismissal as a final agency order.

(C)   The Director may issue orders, including dismissal of appeal or denial of relief, as may be warranted for failure or refusal to comply with an order.

(8)   Duties of the Hearing Examiner. Hearing Examiners shall conduct fair and impartial hearings and take all necessary actions consistent with fairness to the parties to avoid delay in the disposition of the administrative appeal. The Hearing Examiner shall have all powers necessary to that end except as otherwise limited by law. A Hearing Examiner must withdraw from any case in which he or she cannot accord a fair and impartial administrative hearing. The Hearing Examiner shall state on the record the reasons for withdrawing and shall immediately notify the Director who shall appoint a new Hearing Examiner.

(9)   Conduct of hearings and burden of proof. All administrative hearings shall be conducted by a Presiding Officer in accordance with the provisions of this section. Administrative appeals filed under this section will unless otherwise specified, be decided based on a preponderance of the evidence. No administrative hearing shall be held in closed or executive session; provided however, on motion of a party, the Presiding Officer may close parts of a hearing wherein evidence of a confidential nature, as determined under the Oklahoma Open Records Act, is to be introduced. In debarment and performance suspension proceedings the Department shall have the burden of proof and shall present its case first. In other matters the Petitioner shall have the burden of proof and must present his or her case first. The Respondent may respond. The burden of proof as to each material fact in an administrative hearing shall rest upon the Petitioner.

(c)   Status conferences and prehearing conferences.

(1)   Status conferences. The Presiding Officer may schedule one or more status conferences after the filing of a petition. At a status conference the Presiding Officer may establish a schedule for discovery and a discovery cut-off date, a schedule for briefing and motions and enter such additional orders as necessary to resolve procedural issues and expedite the administrative hearing process.

(2)   Prehearing conferences. The Presiding Officer shall schedule a prehearing conference on any administrative appeal which has been set for hearing. The conference will serve to clarify, isolate and dispose of further procedural issues as well as factual and legal issues upon which the parties agree. The parties shall provide to the Presiding Officer and to each other a final list of witnesses which shall include a synopsis of the witnesses' testimony; a final list of proposed exhibits, and documents to be offered into evidence; a statement of stipulations agreed and proposed; and a statement of the factual and legal issues to be determined in the hearing. The prehearing conference will be conducted by the Presiding Officer, who shall take an active part in the conference. On his own initiative, or the request of a party, the Presiding Officer may disqualify any representative for conflict of interest or other good cause shown. A request for disqualification must be submitted in writing to the Hearing Liaison Officer as soon as the party becomes aware of a reason that justifies the request.

(3)   Consolidation and joinder.

(A)   The Presiding Officer may order:

(i)   the consolidation of administrative appeals and joinder of parties if to do so would expedite the processing of the administrative appeal and not adversely affect the interests of the parties;

(ii)   an additional party joined as a party of record and to appear in a hearing; and

(iii)   an administrative appeal dismissed as to one or more parties of record where such dismissal is supported by the relevant law and facts.

(B)   On request of any party, the Presiding Officer may order the actions cited in (A) of this paragraph. Such orders will be served on the parties by certified mail or personal service.

(4)   Motions and applications for orders. Motions and applications for orders must be in writing and must state the specific reasons for the request and the authority upon which the request is based. Unless otherwise provided in a status conference order all motions shall be filed prior to the prehearing conference. All motions shall be accompanied by a brief except for motions for extension of time, continuances, to amend or file supplemental pleadings to compel discovery, or to issue subpoenas. Each motion or application shall be accompanied by a proposed order. Motions and applications must be filed with the Hearing Liaison Officer with copies provided to the Presiding Officer and all other parties. Oral motions may be made during the hearing.

(5)   Witnesses. Each party to an administrative appeal may call witnesses to testify and offer evidence in support of that parties' contentions.

(A)   Witness lists. All parties shall submit a list of witnesses expected to be called during the hearing. The list must include a brief statement describing the testimony to be offered. This list shall be provided to the Presiding Officer and all parties at the prehearing conference or at least seven (7) working days prior to the hearing if no prehearing conference is held. A copy shall also be filed with the Hearing Liaison Officer.

(B)   Witnesses. Employees of the Department appearing as witnesses pursuant to a subpoena shall be released from duty without loss of pay or time and without effect on their service ratings. The Presiding Officer or any party may request the attendance of employees or other persons as witnesses when their testimony will aid in establishing the facts in the proceeding. The cost of securing the attendance of witnesses who are not Department employees or employees of the Petitioner or any other party, shall be computed as provided for in civil cases in Oklahoma District Courts and shall be paid directly to the witness by the party producing the witness at the administrative hearing.

(6)   Subpoenas. Any party may request the Presiding Officer to issue an order and subpoenas for the production of documents or attendance of witnesses. A Subpoena Duces Tecum may additionally require a witness to produce books, records, accounts, papers and other instruments and tangible objects, which shall be reasonably described.

(A)   Request for subpoena. A motion for an order and subpoena must be submitted at the prehearing conference or, if no conference is held, no less than seven (7) working days before the administrative hearing. The motion must be supported by a showing of general relevance and reasonable scope and a statement of the facts expected to be proven. The motion shall be accompanied by a proposed order and proposed subpoenas to be issued.

(B)   Service of subpoena. The service of a subpoena is the responsibility of the party who requests the subpoena. The subpoena may be served by any person who is eighteen (18) years of age or older. The person serving the subpoena shall provide a notarized, written statement showing the person served and the time and manner of service. (This may be satisfied by filling out an affidavit of service on the subpoena form.) Service may be made by personal service to the individual subpoenaed or by certified mail. In either case, a subpoena must be served at least (72) hours before the administrative hearing. The attendance of a witness shall not be required unless the original subpoena, with affidavit of service or notarized written statement of service, is on file with the Hearing Liaison Officer at the time of the administrative hearing.

(C)   Quashing or limiting subpoenas. The Presiding Officer may quash or limit a subpoena on the motion of any party, or at the request of the witness, if:

(i)   it appears the subpoena was used primarily as a means of harassment;

(ii)   the testimony or documents sought are cumulative;

(iii)   the testimony or documents sought are not relevant or material;

(iv)   to respond to the subpoena would be unduly burdensome; or

(v)   for other good cause shown, basic fairness dictates that the subpoena be quashed or limited.

(7)   Continuances. Every continuance of an administrative hearing or a prehearing conference shall be to a day certain. Any continuances granted shall not exceed sixty (60) calendar days except for good cause shown. The Presiding Officer may continue or adjourn an administrative hearing for good cause at any time. The cause must be stated in the record and will become part of the official record of the administrative hearing.

(d)   Discovery. Discovery is the process, apart from the administrative hearing itself, whereby a party may obtain relevant information from another person or an agency. This information is obtained for the purpose of assisting the parties in developing, preparing and presenting their cases. Discovery may be undertaken when it is agreed to by the parties; required by law; or ordered by the Presiding Officer upon proper application of a party as set forth in this section.

(1)   Depositions. The manner of taking depositions and the attendance of witnesses shall be governed by the laws relating to taking of depositions for use in the Oklahoma District Courts, except that, the attendance of a witness not a party or employee of a party for deposition shall be required only in the county of his or her residence. The order of the Presiding Officer authorizing the taking of a deposition and issuance of a subpoena shall state the time and place the deposition will be taken. The party requesting the deposition shall serve a copy of the order by regular mail on each party and on the witness to be deposed at least five (5) calendar days before the scheduled taking of the deposition. A deposition may be offered in evidence at the administrative hearing by any party.

(2)   Production of documents. An order of the Presiding Officer may require a party or any person to produce documents or tangible objects for inspection by parties or to be offered into evidence. The order shall direct production at the hearing and/or prehearing conference, unless some other place is stated in the order.

(A)   The party applying for the order shall serve a copy of the order on each party and any other person or agency ordered to produce documents at least ten (10) calendar days prior to the date upon which production is required.

(B)   An order may require production of any document not privileged which constitutes or contains evidence relevant to the subject matter of the administrative appeal, or which may reasonably lead to such evidence. Business records are not privileged as such; however confidential business records and information will be protected from disclosure except where directly relevant to the issues in the appeal.

(C)   The order shall identify the documents or objects to be produced individually or by categories, and shall include enough detail to permit easy identification by the party or person ordered to make production. Burdensome requests for records may be denied in full by the Presiding Official. An exact photographic copy of a document may be substituted for the original, if permitted by the Presiding Official.

(3)   Interrogatories (written questions). An order of the Presiding Officer may require a party or other person to answer written questions attached to the order. The party or a person authorized to make the answer must answer the questions in writing under oath. Unless otherwise ordered, the answers shall be submitted at the prehearing conference. The party applying for the order shall serve a copy of the order, with interrogatories attached, on each party. The party applying for the order must deliver the order by mail or personal service at least ten (10) calendar days before the date on which answer is required. The party propounding the Interrogatories shall file a copy of the answers with the Hearing Liaison Officer.

(4)   Protective orders. Protective orders relating to discovery may be issued by the Presiding Officer as necessary or appropriate for the protection of the parties and others, and to prevent hardship to and excessive burden on a party or other person. The orders may:

(A)   limit the scope of questions;

(B)   prohibit questions or subjects of inquiry;

(C)   limit or excuse, in whole or in part, production of documents or answers to questions; and

(D)   shorten or extend the time within which any act may be performed.

(5)   Admission of facts and genuineness of documents. The Presiding Officer may order a party or any other person to respond to requests for admissions of the genuineness of any relevant documents or the truth of any matters of fact or application of law to the facts. Within ten (10) calendar days or in the time period ordered by the Presiding Officer, the party must submit a response to a request for Admissions to each party and file a copy with the Hearing Liaison Officer. The statement must specifically deny, admit or express a lack of knowledge about the matters on which an admission is requested; otherwise, the statement must include an objection to the request for admission in whole or in part because the admission requested is privileged, irrelevant or otherwise improper. Any admission or part of an admission not denied or properly objected to shall be deemed admitted for the purposes of the administrative hearing.

(6)   Stipulations. The parties may stipulate or agree on any matter of fact. Such an agreement will satisfy a party's burden to prove the fact alleged. Stipulations shall be presented to the Presiding Officer at the prehearing conference and shall be filed with the Hearing Liaison Officer.

(7)   Enforcement of discovery. Orders issued by the Presiding Officer shall be done in conformance with the provision of 75 O.S., Section 315 and may be enforced in accordance with that section. The Presiding Officer may additionally impose such sanctions including dismissal of the appeal as necessary to promote justice.

(e)   Appeal hearing. The administrative hearing to appeal an action or proposed action of the Department shall be conducted in general conformance with the rules of evidence used in the Oklahoma district courts, and trial proceedings shall be conducted in general conformance with the rules and procedures governing non-jury civil trials.

(1)   Record. The hearing record shall as a minimum include:

(A)   Petitioner's petition for an administrative appeal; respondents response, and all pleadings, motions, and intermediate rulings;

(B)   evidence received or considered at the individual proceeding;

(C)   a statement of matters officially noticed;

(D)   questions and offers of proof, objections, and rulings thereon;

(E)   proposed findings and exceptions only if requested by the Presiding Officer; no proposed findings are required under this section;

(F)   any decision, opinion, or report by the Presiding Officer conducting the hearing;

(G)   all other evidence or data submitted to the Presiding Officer in connection with the consideration of the case provided all parties have access to such evidence.

(2)   Transcripts of hearings. The Presiding Officer will make a record of all administrative hearings by audio tape recording or by use of a court reporter. If the administrative hearing record is taken by audio tape recording, no written transcript of the tape recording will be prepared except on written application to the Presiding Officer. The cost of transcribing the recording shall be charged to the party requesting the transcription. The Presiding Officer shall advise the parties at the prehearing conference if held or ten (10) days prior to the hearing if no prehearing conference is held whether the Department will provide a court reporter. Any party requesting that the administrative hearing be recorded by a court reporter in lieu of a tape recording must make the necessary arrangements for the service. The party requesting the recording services shall bear the expense and costs. The Presiding Official may designate the court reporter's transcript to be the official record of the hearing.

(3)   Issuance of decisions. The record shall be closed when all parties have had an opportunity to be heard and to present evidence and argument.

(A)   If the Presiding Officer at the hearing is the Director, or designee to issue final agency orders, the Presiding Officer will file the final decision with the Hearing Liaison Officer.

(B)   The final decision shall include findings of fact and conclusions of law, separately stated. The Hearing Liaison Officer shall send the decision to the Petitioner, the Respondent, and all other parties, by certified mail or deliver the decision by personal service within five (5) calendar days after it is filed.

(C)   The decision of the Director or designee to issue final orders, shall be the Final Agency Order and conclusive except as provided for in the Administrative Procedure Act and this chapter, concerning petitions to rehear or reconsider cases.

(D)   If the Presiding Officer is a designated Hearing Examiner and the Director is to issue the Final Agency Order after reading the record of the individual proceeding, the Hearing Examiner shall make this known to the parties on the record at the beginning of the hearing. At the conclusion of the hearing the Hearing Examiner shall direct preparation of the transcript of the hearing, which when complete, shall be forwarded to the Director with the complete record of the individual proceeding. The Director shall issue the decision as set forth in this section.

(E)   If the Presiding Officer is a designated Hearing Examiner and the Director has not heard the case nor will the Director read the record of the proceeding, the Hearing Examiner shall prepare a proposed order which shall be served upon the parties. The proposed order shall contain a statement of the reasons therefore and of each issue of fact or law necessary to the proposed order. The Hearing Examiner shall allow not less than fifteen (15) days for the parties to provide briefs concerning the proposed order. At the request of any party, the Hearing Examiner shall allow for oral argument concerning the proposed order.

(F)   The Hearing Examiner shall, through the Hearing Liaison Officer, after full consideration of the law and facts and the arguments of the parties, issue to the parties and the Director the final proposed order of the Hearing Examiner. The final proposed order shall be served on the parties at least fifteen (15) days prior to the hearing at which the Director shall consider the proposed order. At the hearing the parties may present briefs and oral arguments. The Director may issue the final proposed order as the Final Agency Order or may take the matter under advisement and issue the Final Agency Order after further consideration.

(f)   Petitions to rehear or reconsider cases.

(1)   Submission of petition. A party adversely affected by Final Agency Order of the Department may petition for rehearing or reconsideration of the Final Agency Order. The party must file the petition with the Hearing Liaison Officer within ten (10) calendar days after the issue date of the Final Agency Order and shall serve copies of the petition on all other parties.

(A)   The petition must be filed in accordance with the provisions of Section 317 of Title 75 of the Oklahoma Statutes (Oklahoma Administrative Procedures Act). It must identify the specific law or evidence which should be considered. The request must include any new evidence and verification that such evidence is true.

(B)   Any party to the case may file a response in support of, or in opposition to, the petition. Written responses must be filed with the Hearing Liaison Officer within ten (10) calendar days after the petition is filed. Copies of the response must be served by the responding party on all other parties.

(C)   Petitions will be scheduled for consideration by the Presiding Officer on the earliest possible date. All parties will be notified of the date, time and location of the hearing on the petition to rehear or reconsider.

(2)   Consideration of petition.

(A)   The petitioning party must be present when a petition for rehearing or reconsideration is considered. All other parties are encouraged to attend.

(B)   The Director or designee to issue final orders will consider the petition and any response(s) to it. The Director or designee to issue final orders may permit oral arguments from the parties and may request information from any agency or person.

(C)   When a petition is granted or denied, the Director or designee to issue final orders will state the grounds upon which rehearing or reconsideration of the matter is granted or denied. If a rehearing or reconsideration is granted, the rehearing or reconsideration will be confined to those grounds upon which the petition was granted. An order granting rehearing or reconsideration is not a Final Agency Order.

(D)   The filing of a petition pursuant to this section or a petition for judicial review does not automatically stay the original decision.

(3)   Final agency order. If a petition for reconsideration or rehearing is denied, the Final Decision of the Director or designee to issue final orders and the decision to deny rehearing or reconsideration shall constitute the Final Agency Order.

(g)   Procedures generally applicable. The procedures set forth herein shall be applicable to all hearings conducted in matters of debarment or performance suspension and may be applied in such other administrative hearings as may be conducted by the Department when such hearings require a full due process hearing.

[Source: Amended at 12 Ok Reg 1269, eff 5-11-95; Amended at 18 Ok Reg 1357, eff 5-11-01; Amended at 22 Ok Reg 1367, eff 5-26-05]