Oklahoma Administrative Code
Title 270 - Oklahoma Firefighters Pension and Retirement System
Chapter 1 - Administrative Operations
Section 270:1-1-5 - Hearing procedures
Universal Citation: OK Admin Code 270:1-1-5
Current through Vol. 42, No. 1, September 16, 2024
(a) The State Board may conduct examinations and investigations of pension matters within the scope of its jurisdiction and authority as it deems appropriate to secure information useful in the lawful administration of these provisions. The State Board may compel witnesses to appear and testify upon all matters connected with these provisions in the same manner as provided by law for the taking of testimony.
(b) Any person, existing local board or participating municipality aggrieved by a decision of the Executive Director or the State Board on any matter concerning rights or benefits available under these provisions, may request a hearing before the State Board to review or reconsider those decisions.
(1) The request for hearing shall be mailed
or delivered to the office of the System, located at Oklahoma Firefighters
Pension and Retirement System, 6601 Broadway Extension, Suite 100, Oklahoma
City, Oklahoma 73116.
(2) Upon
receipt of the request for hearing, the State Board shall assign a hearing
number thereto and shall notify the requesting party of the date of the hearing
by mail. The appropriate existing local pension board of the participating
municipality shall also be given notice of the hearing date by mail.
(3) Formal Hearing Procedures.
(A) All hearings shall be public except that
all information, documents and copies contained in a member's file shall be
given confidential treatment and shall not be made public without prior written
consent of the member. The State Board may hold any part of the hearing in
Executive Session as allowed by 25 O.S. Section
307, if the
State Board determines that disclosure of confidential communication or
information would seriously impair the ability of the public body to conduct
the hearing or would violate confidentiality requirements of state or federal
law. Upon a motion of any party, witnesses may be excluded from the hearing
room when such witness is not testifying.
(B) The hearing shall be presided by the
Chairman of the State Board, or the Chairman's designee, with the assistance of
the legal counsel for the State Board.
(C) The order of procedure for the hearing
shall be as follows:
(i) The presiding
officer, or the legal counsel for the State Board, shall present a recitation
of the matters before the State Board;
(ii) Opening statement by the requesting
party;
(iii) Presentation of
evidence by the requesting party followed by questioning by the presiding
officer, legal counsel for the State Board, or any member of the State Board;
(iv) Presentation of evidence by
the legal counsel for the State Board, if necessary, followed by questioning by
the requesting party or any member of the State Board;
(v) Opportunity for rebuttal testimony or
additional evidence and questioning by interested parties may be allowed at the
discretion of the presiding officer;
(vi) Closing arguments by the requesting
party.
(4) If
the requesting party desires a certified court reporter at the hearing, the
State Board will arrange for a certified court reporter upon request of the
party. The cost of a certified court reporter shall be paid by the requesting
party. Such a request should be in writing but will not be considered if
received less than ten (10) days before the hearing date.
(5) Requests for continuances received prior
to the hearing date may be granted by the Chairman of the State Board for good
cause shown.
(6) The State Board
may in its discretion assign any matter to a hearing examiner to conduct a
hearing and receive all evidence. The hearing examiner shall prepare a proposed
order to be submitted to the State Board within ten (10) days after the hearing
at a place convenient for the parties and/or witnesses. The State Board shall
consider the proposed order of the hearing examiner at the next scheduled
public meeting of the State Board.
(7) All decisions of the State Board shall be
in writing and shall be mailed to all parties or their attorney of record.
(8) Any person who deems himself
or herself aggrieved by a decision of the State Board on a claim for pension
benefits shall appeal the decision of the State Board to the Oklahoma County
District Court, as provided in 11 O.S. Section
49-128.
Amended at 14 Ok Reg 2915, eff 7-11-97; Amended at 18 Ok Reg 3048, eff 7-12-01
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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