Current through Vol. 42, No. 1, September 16, 2024
(a)
Hearings. All hearings scheduled by the Appeals Unit are conducted
by an administrative hearing officer (AHO), who:
(1) designates the hearing
location;
(2) administers
oaths;
(3) conducts the hearing in
an orderly manner;
(4) rules on the
admissibility of evidence; and
(5)
takes such action as the AHO deems necessary to reach a proper disposition of
the case.
(b)
Hearings are not open to the public.
(1) In order that the confidential nature of
case material and the relationship between the appealing party and the Oklahoma
Department of Human Services (DHS) is maintained, hearings are not open to the
public.
(2) With approval of the
AHO, in addition to the appealing party and the local office representative,
persons permitted to attend the hearing are:
(A) persons invited by the appealing party;
(B) witnesses, subject to the
AHO's direction that witnesses are excluded from the hearing prior to their
testimony; and
(C) any member of
the Child Care Advisory Committee who wants to attend the hearing.
(c)
Pre-hearing
conference. A conference may be conducted by the AHO prior to the formal
beginning of a hearing. The pre-hearing conference is not recorded.
(d)
Recording the hearing.
(1) The AHO is responsible for arranging for
the hearing to be recorded. The hearing may be recorded electronically or by a
certified court reporter.
(2) The
AHO's recording of the hearing is the official recording. The appealing party
may provide his or her own recording device for use during the hearing if such
recording is not disruptive. Videotaping is not allowed.
(3) Upon written request to the Appeals Unit,
DHS provides the appealing party a copy of the:
(A) tape recording of the hearing. A
transcript of the recording is provided only when required by federal or state
law; or
(B) court reporter's
transcript.
(e)
Sequestration of witnesses. The AHO may require that any witness,
other than the appealing party or the Child Care Services representative,
absent himself or herself from the hearing room except when the witness is
testifying.
(f)
Presentation
of the case.
(1) The AHO directs the
order of presentation of the case.
(2) When presentation of the evidence is
complete, the AHO allows closing statements.
(3) The AHO renders a decision immediately
following closing statement.
Added at 19 Ok Reg
2199, eff 6-27-02
