Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 2 - Administrative Components
Subchapter 5 - Fair Hearings
Part 9 - ADOPTION AND FOSTER CARE
Section 340:2-5-101 - Hearing procedures
Universal Citation: OK Admin Code 340:2-5-101
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) ensures all
relevant evidence is considered; and
(5) rules on the admissibility of
evidence.
(b) Hearings are not open to the public.
(1) In order to protect the confidential
nature of case material and the relationship between the resource family and
the Department of Human Services (DHS) and in order to protect the identity of
children and their privacy, hearings are not open to the public.
(2) No one other than the resource family,
the authorized representative, and the DHS representative are permitted to
attend the hearing, without permission of the AHO.
(c) Pre-hearing conference.
(1) A conference may be conducted by the AHO
prior to the hearing. The purpose of the pre-hearing conference is to reduce
the actual amount of time spent in the hearing. In the pre-hearing conference
the AHO identifies all:
(A)
witnesses;
(B) exhibits;
and
(C) issues to be covered in the
hearing.
(2) The AHO
determines if the pre-hearing conference is to be recorded. The conference may
be conducted by phone.
(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. However, the resource
family or authorized representative may provide his or her own recording device
for use during the hearing unless such recording is disruptive. In no case is
the hearing videotaped.
(3) Upon
written request to the Appeals Unit, DHS provides the resource family or
authorized representative 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) Order of presentation.
(1) The AHO directs the
order of presentation of evidence.
(2) When presentation of the evidence is
complete, the AHO allows closing statements.
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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