SECTION 765:2-3-6. Hearing

(a)   Presiding officer. The hearing shall be conducted by the Chairman of the Commission or his designate.

(b)   Order of procedure. Each individual proceeding shall proceed as follows:

(1)   Any party shall at all times have the right to counsel. Counsel must be licensed to practice law by the Oklahoma Supreme Court.

(2)   All parties shall be afforded the opportunity to present witnesses, evidence, and argument on all issues involved.

(3)   A party may cross-examine witnesses.

(4)   The Commission or hearing officer may ask questions of all parties.

(c)   Objections and motions. The Chairman or hearing officer shall rule on the admissibility of evidence and objections to evidence, and shall rule on motions or objections raised in the course of the hearing. In the exercise of this function, the Commission or officer may rely on the advice of counsel present and serving in an advisory capacity. In making a ruling on evidence, the Chairman or hearing officer shall not be required to follow Rules of Evidence, but may use his/her own judgment whether the evidence should be admitted. Any party may object to a ruling which the party considers erroneous, and an exception to such ruling shall be noted of record. Failure to timely object to any alleged error or irregularity shall be deemed as a waiver of such objection.

(d)   Burden and standard of proof. The burden of proving the allegations contained in its Complaint shall be upon the Movant. The standard of proof required to sustain the imposition of any sanction against a Respondent shall be by clear and convincing evidence.

(e)   Ruling.

(1)   The Commission or Hearing Officer shall prepare Findings of Fact and Conclusions of Law. The Commission or Hearing Officer may request the parties to submit proposed Findings and Conclusions before making a final ruling. Any party may file proposed Findings and Conclusions. Disposition of any individual proceeding may be by stipulation, agreed settlement, consent order, default or majority vote.

(2)   The Commission by majority vote, may deny, suspend, or revoke a license or impose a fine, if authorized, for any of the reasons provided in 47 O.S. Section 581 et seq. The Commission, by majority vote, may deny, suspend, cancel, or revoke a license or impose a fine, if authorized, for any of the reasons provided in 47 O.S. Section 591.1 et seq.

[Source: Amended at 18 Ok Reg 695, eff 12-28-00 (emergency); Amended at 18 Ok Reg 2902, eff 6-25-01; Amended at 20 Ok Reg 1817, eff 6-12-03; Amended at 23 Ok Reg 2881, eff 6-25-06; Amended at 32 Ok Reg 1416, eff 8-27-15]