Oklahoma Administrative Code
Title 35 - Oklahoma Department of Agriculture, Food, and Forestry
Chapter 1 - Administrative Operations
Subchapter 9 - Individual Procedures
Section 35:1-9-1 - Filing of papers, Administrative Law Judge, and Administrative Law Clerk
Universal Citation: OK Admin Code 35:1-9-1
Current through Vol. 41, No. 13, March 15, 2024
(a) All papers required to be filed by this Subchapter shall be filed with the Administrative Law Clerk.
(b) The Commissioner or designee may appoint an Administrative Law Clerk to maintain the administrative hearing dockets and records and perform any other duties assigned.
(c) The Commissioner or designee may appoint an Administrative Law Judge for any administrative hearing.
(1) The Administrative Law Judge shall not
have had any prior involvement in the matter at issue other than as an
Administrative Law Judge, unless the parties file a written waiver.
(2) The Administrative Law Judge shall have
authority to conduct individual proceedings and may take any action consistent
with the Administrative Procedures Act and the rules of this subchapter,
including but not limited to the following:
(A) Arrange and issue notice of the date,
time, and place of hearings and conferences;
(B) Establish the methods and procedures to
be used in the presentation of the evidence;
(C) Hold conferences to settle, simplify,
determine, or strike any of the issues in a hearing, or to consider other
matters that may facilitate the expeditious disposition of the
hearing;
(D) Administer oaths and
affirmations;
(E) Regulate the
course of the hearing and govern the conduct of participants;
(F) Examine witnesses;
(G) Rule on, admit, exclude, and limit
evidence, at or before hearings;
(H) Establish the time for filing motions,
testimony, and other written evidence, briefs, findings, and other submissions,
and hold the record open for those purposes;
(I) Rule on motions and pending
matters;
(J) Divide the hearing
into stages or join claims of parties whenever the number of parties is large
or the issues are numerous and complex;
(K) Restrict attendance by persons not
parties to the hearing in appropriate cases;
(L) Admit attorneys from other jurisdictions
to practice law before the Department in accordance with Rules of the Oklahoma
Bar Association, 5 O.S. Chapter 1, Appendix 1, Article II, § 5, and
administer the oath required by 5 O.S. §
2;
(M) Require briefs on any relevant issues;
and
(N) Request proposed findings
of fact, conclusions of law, and proposed orders from all parties.
(3) At the request of the
Administrative Law Judge, the Commissioner may designate a Department
representative who has had no assigned responsibilities related to the matter
at issue to serve as technical adviser to the Administrative Law
Judge.
Amended at 23 Ok Reg 2135, eff 6-25-06; Amended at 25 Ok Reg 1779, eff 7-1-08
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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