SECTION 735:80-13-12. Conduct of hearing

  Administrative proceedings are conducted by OST pursuant to the following procedures:

(1)   Appearances; motions; preliminary matters; oaths. The burden of proof is generally on the protestant. The hearing will be convened by the hearing examiner, appearances noted, and any motions or preliminary matters will be considered. The hearing examiner shall administer oaths or affirmations to the witnesses.

(2)   Argument; witnesses; evidence. Each party shall have the opportunity to present its case, to make opening statements, to call and examine witnesses, to offer documentary evidence into the record and to make closing arguments. Each party shall also have the opportunity to cross-examine opposing witnesses on matters covered in direct examination and, in the discretion of the hearing examiner, upon matters relevant to the issues even though not covered in direct examination. Any objection to testimony or evidentiary offers should be made, and the basis of the objection stated on the record.

(3)   Discretion of hearing examiner in certain matters. The hearing examiner may question any party or any witness. The hearing examiner shall establish the order of proceeding, but regardless of the order, the protestant is entitled to open and conclude in arguments. The hearing examiner is responsible for closing the record, and may hold it open for stated purposes. Parties may submit proposed Findings, Conclusions and Recommendations at any time after notice of the hearing, but prior to closing of the record. Parties may request that the record be held open for this or other purposes.

[Source: Added at 17 Ok Reg 2167, eff 6-12-00]