Oklahoma Administrative Code
Title 140 - Board of Chiropractic Examiners
Chapter 3 - Disciplinary Procedures
Subchapter 3 - Filing and Disposition of Complaints
Section 140:3-3-4 - Individual proceedings

(a) All individual proceedings/hearings shall be open to the public and shall be conducted in accordance with the Administrative Procedures Act of the Oklahoma Statutes.

(b) The President of the Board shall set a time and place for the hearing provided that

(c) Notice of the hearing shall be given in writing by personal delivery to the person to be notified; or by mailing, certified mail, returned receipt requested, to the last known address furnished to the board; or notice may be given as is provided for process in the civil proceeding in the State of Oklahoma and pursuant to the Administrative Procedures Act, Title 75 O.S. Section 301 as amended.

(d) The notice shall include a concise statement of the allegations and particular sections of the Oklahoma State Board of Chiropractic Examiners Rules and the Oklahoma Chiropractic Practice Act which are involved.

(e) Each complainant and respondent called to a hearing before the Board shall be allowed to present testimony, produce witnesses, cross examine witnesses, and present documentary evidence. The Board, or its designee, shall appear in person and shall present the position of the Board in the Action.

(f) Notice may be taken of judicially cognizible facts. In addition, notice may be taken of generally recognized technical or scientific facts within the specialized knowledge of one or more members of the Board.

(g) Hearing will be conducted by one of the following methods as determined by the Board;

(h) Any hearing before the Board or its designee shall be recorded. That portion of the hearing constituting deliberations in executive session need not be recorded. A written transcript or a copy of the tape recording shall be made available to any person alleged to have committed a violation of the Act or Rules upon written request and payment of appropriate reimbursement costs for reproduction.

(i) The Board or its designee shall rule upon the questions of admissibility of evidence, competency of witnesses, and any other questions of law upon which they have jurisdiction as provided in the State Board of Chiropractic Examiners Rules, the Oklahoma Chiropractic Act, the Oklahoma Administrative Procedures Act or other applicable law.

(j) All orders, whether proposed or final, shall be issued within sixty (60) calendar days of the hearing. Final orders shall state their effective date.

(k) The board shall consider past disciplinary action taken against any accused found guilty in any present proceeding. Such past conduct shall not be evidence of guilty in the present proceeding but will be considered only in determining appropriate sanctions to be imposed by the Board in the present proceeding.

(l) Unless precluded by law, the accused physician may waive any right granted in the law and proceed by stipulation, agreed settlement, consent order, or default. No provision in this section shall be construed as prohibiting the Board from suspending, or holding in abeyance, any formal proceeding pending the outcome of informal negotiation or informally agreed upon terms.

(m) The investigative files of the Advisory Committee and the Board shall be confidential as set forth in Title 51 O.S. Section 24A.12.

(n) Any individual who has filed a complaint shall be notified of the disposition of the matter.

(o) From time to time, the Board may employ lawyers licensed to practice law in Oklahoma to serve as special prosecutors in individual proceedings before the Board.