Current through Vol. 42, No. 1, September 16, 2024
(a)
Exercise
of authority. The Commissioner shall appoint at least one individual who
is a licensed attorney to act as the Administrative Hearing Officer in
individual proceedings filed before the Department of Mental Health and
Substance Abuse Services.
(b) The
Administrative Hearing Officer shall conduct fair and impartial hearings and
take all necessary action to avoid delay in the disposition of all proceedings.
He or she 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
objections and 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) Render decisions pursuant to the
particular action taken;
(11) May
require, or allow, the filing of briefs by the parties, and may designate the
order and time for filing briefs and reply briefs;
(12) Close the record when all interested
parties have had the opportunity to be heard and to present evidence;
and
(13) Issue findings and
orders.
(c)
Disqualification of hearing officer.
(1) The Administrative Hearing Officer shall
withdraw from any individual proceeding in which he cannot accord a fair and
impartial hearing or consideration, stating on the record the reasons
therefore, and shall immediately notify all parties of the
withdrawal.
(2) Any party may file
a motion requesting the Administrative Hearing Officer 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 the disqualification. The Administrative
Hearing Officer shall rule on said motion.
Added at 10 Ok Reg 3741,
eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1363,
eff 7-1-02; Amended at 20 Ok Reg 2100, eff 7-1-03; Amended at 23 Ok Reg 1941,
eff 7-1-06
