Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 2 - Administrative Components
Subchapter 5 - Fair Hearings
Part 11 - CHILD CARE FACILITY LICENSING
Section 340:2-5-118 - Presence of Oklahoma Department of Human Services (DHS) employees or DHS records at hearings

Universal Citation: OK Admin Code 340:2-5-118

Current through Vol. 42, No. 1, September 16, 2024

An administrative hearing officer (AHO) does not have the authority to issue subpoenas for the presence of people or production of evidence at hearings.

(1) An AHO, at the request of an appealing party or on his or her own motion, may require the presence at a hearing of:

(A) a particular DHS employee;

(B) DHS records; and

(C) other DHS evidence.

(2) An appealing party request for the presence of a DHS employee, DHS documents, or other evidence, is granted by the AHO only when the appealing party shows that the presence of the DHS employee or evidence is:

(A) relevant to the issues involved in the hearing;

(B) necessary for determination of the issue;

(C) not otherwise obtainable by the appealing party; and

(D) not confidential pursuant to state or federal law.

(3) When the AHO determines that a DHS employee needs to be present, or the records or evidence in DHS possession are to be produced at the hearing, the AHO gives notice to the DHS employee or office where the evidence is located of the date, time, and location of the hearing.

Added at 19 Ok Reg 2199, eff 6-27-02

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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