Current through Vol. 42, No. 1, September 16, 2024
(a)
Appearances. Every party appearing at a hearing shall enter an
appearance by stating their name and address. An individual may appear on their
own behalf or be represented by an attorney.
(b)
Preliminary matters. The
following shall be taken up prior to receiving evidence:
(1) The licensee and other parties may offer
preliminary exhibits, including pleadings necessary to present the issues to be
heard.
(2) Ruling shall be made on
any pending motions, including requests for delivery of documents.
(3) Stipulations of fact and stipulated
exhibits shall be received.
(4)
Parties shall make opening statements where appropriate.
(5) Any other preliminary matters appropriate
for dispositions prior to offers of
evidence.
(c)
Rules of evidence. Appeals
from CLEET actions (pursuant to 59 O.S. Section
1750.1 et seq. and 59
O.S. Section
1350.1 et seq.) shall
be conducted generally in accordance with the Rules of Evidence applied in the
District Courts of Oklahoma. The order of proof in cases brought under
390:2-1-2(c)
shall be as follows:
(1) Presentation of the
State's case followed by examination.
(2) Responsive presentation by appellant,
followed by cross examination.
(3)
Closing Argument for The State.
(4)
Closing Argument for Appellant.
(5)
Submission of case.
(6) If requested,
the parties may present rebuttal and surrebuttal evidence, in the proper
turn.
(d)
Administrative Procedures Act. Hearing of alleged violations of the
Oklahoma Security Guard and Private Investigator Act, and the Oklahoma Bail
Enforcement and Licensing Act shall be conducted in accordance with the
Administrative Procedures Act.
(e)
Examination of witnesses. Every witness shall be examined and
cross-examined orally and under oath by not more than one representative for each
party. The Hearing Examiner may designate the order of examination of witnesses
and may limit the scope of examination and cross-examination.
(f)
Adverse party. A party may
call an adverse party or an officer or employee of an adverse party, in which
case the witness may be impeached and otherwise cross-examined.
(g)
Prepared testimony. Written
testimony of a witness in the form of questions and answers, or a narrative
statement may be received in lieu of direct examination upon authentication by
the witness under oath. The witness shall be subject to cross-examination. A
written or oral statement or a communication from any person, or a statement or
resolution without cross-examination, will be considered only as argument, and
not as proof of any recitation of facts contained therein.
(h)
Documents.
(1) A photographic copy of an instrument which
is on file as part of the official records of CLEET will be received without
further authentication.
(2) A
photographic copy of a public record certified by the official custodian thereof
will be received without further authentication. A written statement by such
custodian of records that no record or entry of described character is found in
his/her records shall be received as proof of absence of such record.
(3) A photographic copy of a document may be
substituted for the original at the time the original is offered in
evidence.
(4) A document may not be
incorporated in the record by reference except by permission of the Hearing
Examiner. Any document so received must be precisely identified.
(5) When evidence is offered which is contained
in a book or document containing material not offered, the party offering the
same shall extract or clearly identify the portion offered.
(6) The Hearing Examiner may permit a party to
offer a document as part of the record within a designated time, after conclusion
of the hearing.
(7) The Hearing
Examiner may require or allow the filing of briefs by the parties, and may
designate the order and time for filing briefs and reply briefs.
(8) The record shall be closed when all
interested parties have had an opportunity to be heard and to present evidence,
and the Hearing Examiner announces that the record of testimony and exhibits is
closed. Unless a decision is then announced, the matter will be taken under
advisement for a written decision to be rendered not more than fifteen (15) days
following the close of the record.
