Current through Vol. 42, No. 1, September 16, 2024
(a)
Issuance and services of
order. Not more than twenty (20) calendar days after conclusion of the
hearing, the Hearing Officer shall issue a proposed order with findings of fact
and conclusions of law. If ODMHSAS proves its allegations in the petition and
notice by clear and convincing evidence, the Hearing Officer shall issue an
order sustaining the allegations. If ODMHSAS does not meet its burden, the
Hearing Officer shall issue an order in favor of the respondent(s). The Hearing
Clerk shall file and serve the proposed order on ODMHSAS and respondent(s) by
certified mail, return receipt requested.
(b)
Appeal. A party may appeal a
Hearing Officer's Order to the ODMHSAS Board.
(1) Request for hearing. The Hearing
Officer's order shall become final unless a party files and serves a written
request for hearing by the ODMHSAS Board with the Hearing Clerk within fifteen
(15) calendar days of the filing of the order.
(2) Briefs and exceptions. In the event a
hearing by the Board is requested, all parties will be given the opportunity to
file briefs and exceptions to the Hearing Officer's Order.
(3) Hearing. When a request for hearing is
filed, the matter will be set on the agenda for the next Board meeting, unless
the request is filed fifteen (15) calendar days or less prior to the next
scheduled Board meeting, in which case it will be set for the on the agenda of
the following meeting. The party requesting the hearing shall file any brief it
wishes the Board to consider along with the request for hearing. The other
party will then have ten (10) days to file its response. At the Board meeting,
the parties shall be permitted to present oral argument. The length of oral
argument shall be determined by the chair of the Board. Upon conclusion of oral
argument by the parties, the Board may convene in executive session to
deliberate the matter.
(4) Issuance
of decision. The Board shall issue its decision within thirty (30) calendar
days after the hearing before the Board.
(5) Appeal. A party may appeal the Board's
decision as provided in the APA.
Added at 19 Ok Reg 1346,
eff 7-1-02; Amended at 21 Ok Reg 1724, eff 7-1-04; Amended at 23 Ok Reg 1941,
eff 7-1-06
