SECTION 800:1-9-5. Administrative Law Judges and Clerks

(a)   Designation of Judges. The Director or Commission may designate one or more Administrative Law Judge(s) for any administrative hearing or may perform such duties and functions themselves. Administrative Law Judges shall be familiar with the rules of procedure and generally familiar with the substantive rules governing the matter, and shall not have had prior involvement in the matter other than as an Administrative Law Judge. The Administrative Law Judge so designated shall have full authority to conduct all aspects of the hearing proceedings except for the issuance of a Final Order.

(b)   Clerk. The Director or Commission may designate an Administrative Law Clerk to maintain the administrative hearing dockets and records and perform related duties. In the absence of a designated clerk, the Executive Secretary shall maintain such records.

(c)   Authority and responsibilities. Administrative Law Judges have complete authority to conduct administrative hearing proceedings and may take any action not inconsistent with the provisions of the rules of this Chapter or of the APA for the maintenance of order at hearings and for the expeditious, fair, and impartial conduct of the proceedings. Administrative Law Judges may, without limitation:

(1)   arrange and issue notice of the date, time and place of hearings and conferences;

(2)   establish the methods and procedures to be used in the presentation of the evidence;

(3)   hold conferences to settle, simplify, determine, or strike any of the issues in a hearing, or to consider other matters that may facilitate the expeditious disposition of the hearing;

(4)   administer oaths and affirmations;

(5)   regulate the course of the hearing and govern the conduct of participants;

(6)   examine witnesses;

(7)   rule on, admit, exclude and limit evidence, at or before hearings;

(8)   establish the time for filing motions, testimony, and other written evidence, briefs, findings, and other submissions, and hold the record open for such purposes;

(9)   rule on motions and pending matters;

(10)   divide the hearing into stages or join claims of parties whenever the number of parties is large or the issues are numerous and complex; and

(11)   restrict attendance by persons not parties to the hearing in appropriate cases.

[Source: Added at 15 Ok Reg 3500, eff 7-13-98]