Oklahoma Administrative Code
Title 390 - Council on Law Enforcement Education and Training
Chapter 2 - Administrative Procedures
Section 390:2-1-8 - Hearing examiners
Universal Citation: OK Admin Code 390:2-1-8
Current through Vol. 41, No. 13, March 15, 2024
(a) Exercise of authority. Hearing Examiners shall conduct fair and impartial hearings and take all necessary action to avoid delay in the disposition of all proceedings. They shall have all powers necessary to that end unless otherwise limited by law, including but not limited to, the authority to:
(1) Administer oaths and
affirmations;
(2) Rule upon offers of
proof and receive relevant evidence;
(3) Rule upon the institution of discovery
procedures as appropriate;
(4)
Convene a hearing as appropriate, regulate the course of the hearing, examine any
witness in order to clarify issues; maintain decorum and exclude from the hearing
any disruptive persons;
(5) Exclude
from the hearing any witness whose later testimony might be colored by testimony
of other witnesses or any person whose presence might have a chilling effect on
testifying witness;
(6) Rule on all
motions, witness and exhibit lists and proposed findings;
(7) Require the filing of memoranda of law and
the presentation of oral argument with respect to any question of law;
(8) Order the production of evidence and the
appearance of witnesses whose testimony would be relevant, material and
non-repetitious;
(9) Make inquiries
of the parties or witnesses for the purpose of clarification or fact findings to
insure a fair and impartial decision;
(10) Identify and document Findings of Fact and
Conclusions of Law and renderdecisions pursuant to the particular action
taken.
(b) Disqualification of hearing examiner.
(1) In the event that a Hearing Examiner
considers himself/herself disqualified, he/she shall withdraw from the case,
stating on the record the reasons why and shall immediately notify CLEET of the
withdrawal.
(2) Any party may file a
motion requesting the Hearing Examiner to withdraw on the basis of personal bias
or other disqualification and specifically setting forth the reasons for the
request. This motion shall be filed as soon as the party has reason to believe
there is a basis for disqualification.
(3) The Hearing Examiner shall rule on the
motion.
Amended at 16 Ok Reg 1189, eff 5-27-99; Amended at 23 Ok Reg 1923, eff 7-1-06
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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