SECTION 735:80-13-20. Options available to parties after action by hearing examiner

  The following options are available to parties to an administrative proceeding related to a protest after issuance of an unfavorable recommendation:

(1)   Motion for rehearing; content; replies; time limitations. Within fifteen (15) days following mailing of the Findings of Fact, Conclusions of Law and Recommendations of the hearing examiner, any party to the proceedings may file a Motion for Rehearing or Reconsideration with the hearing examiner. Such Motion must specify each ground upon which the party alleges the Findings to be erroneous. The opposing party may reply to a Motion for Rehearing or Reconsideration within fifteen (15) days after mailing of the Motion for Rehearing or Reconsideration.

(2)   Rehearing procedure. If a party elects to file a Motion for Rehearing or Reconsideration, that party will be precluded upon rehearing, should the Motion be granted, from raising as error any issue not set forth in the Motion, and the proposed decision is vacated pending a subsequent decision or rehearing. If the Motion is overruled in whole or in part, the original proposed decision stands on the date the Motion is overruled. If a rehearing is granted, notice will be issued to the parties setting out the date, time and place of the hearing.

(3)   Hearing procedure before Treasurer. If a Motion for Rehearing is denied by the hearing examiner, the case stands submitted to the Treasurer for consideration and the issuance of a Final Order. The Treasurer will consider the administrative record including the hearing examiner's recommended findings of fact and conclusions of law in rendering a decision. Any party may apply for oral argument before the Treasurer whether or not he or she moved for rehearing or reconsideration before the hearing examiner. If a Motion for Rehearing or Reconsideration before the hearing examiner is not filed, any party requesting an oral argument before the Treasurer, must file said motion for a hearing within fifteen (15) days of the mailing of the hearing examiner's Findings. The application must specify each ground upon which the party alleges the Findings, Conclusions and Recommendations to be erroneous. Should the Application be granted, the moving party will be precluded from raising as error any issue not set forth in the Application for oral argument.

(4)   Granting of hearing; filing of briefs; time limitations. If such application for oral argument is granted, the Treasurer will set a date, time and place for the hearing and notice will be given to each side by mail at least twenty (20) days in advance of the hearing. Typewritten briefs must be submitted to the Treasurer at least fourteen (14) days prior to such hearing, or as otherwise directed by the Treasurer. Time limits for oral arguments will be set by the Treasurer at the time of the hearing.

(5)   Exhaustion of administrative remedies. Although protestants must exhaust all administrative remedies before appealing to District Court, it is not necessary to move for reconsideration or rehearing or to apply for oral argument before the Treasurer to exhaust administrative remedies. All that is necessary for exhaustion is to pursue a protest until the Treasurer issues a final decision in the form of an Order.

(6)   Treasurer decision commences appeal time. Neither a Motion for Reconsideration or Rehearing nor an application for oral argument before the Treasurer will be granted after a final decision has been made and an order issued. Therefore, a Motion for Reconsideration or Rehearing or an application for oral argument before the Treasurer will not serve to stay the time to appeal to District Court.

[Source: Added at 17 Ok Reg 2167, eff 6-12-00; Amended at 19 Ok Reg 2476, eff 6-27-02]