Oklahoma Administrative Code
Title 575 - State Board of Examiners of Psychologists
Chapter 1 - Organization of Board and Procedures for Handling Complaints
Section 575:1-1-4 - Hearings for psychologists

Universal Citation: OK Admin Code 575:1-1-4

Current through Vol. 41, No. 13, March 15, 2024

(a) Issuance of formal complaint; setting date for formal hearing. If the request for inquiry and/or the summary and recommendation of the Probable Cause Committee appear to the Board to warrant and support such action, and upon the affirming vote of a majority of the members present in open meeting, the Board prosecutor shall file a complaint on behalf of the Board (the Board vs. the licensee) to initiate an individual proceeding and the Chair of the Board or Executive Officer shall set the date, time, and place for a formal hearing. Notice shall be served as specified in Section 1370 (C and E) of the Psychologists Licensing Act, except that notice shall be served twenty (20) days before the date of the hearing.

(b) Purpose of formal hearing. The formal hearing will be an administrative proceeding held to determine whether or not a licensee should be disciplined due to alleged improper conduct. The purpose of the proceeding will be that of insuring the overall public interest inherent in such matters and not that of vindicating a private wrong alleged to have occurred to the complaining witness. As such, the complaining witness will become a witness only in the Board's proceedings and is not a party to the Board's action.

(c) Notice to licensee. The licensee named in the Board's complaint shall be notified by certified or registered mail. This notification shall include a copy of the Board's complaint, an explanation of rights, and the date, time, and location of the Board meeting at which the Board will hold its formal hearing regarding the complaint. The notice shall also include other information as required in the Administrative Procedures Act. The explanation of rights shall include the following alternatives regarding the licensee's response to the Board's complaint: The licensee may be represented at the hearing in writing, in person, or by counsel. If the licensee does not so appear, the Board may, within its discretion, summarily revoke or suspend the accused's license or may issue a formal reprimand. The Board shall record its findings and order in writing.

(d) Notice to other persons. The Board shall also notify other persons whose presence is required of the date, time, and place of the hearing. Notice shall be served as specified in Section 1370 (C and E) of the Psychologists Licensing Act.

(e) Discovery. Discovery by either the Board or the licensee shall be limited to the forms of discovery permitted by the Oklahoma Administrative Procedures Act. Requests for discovery under this section must be made at least 10 days before the hearing.

(f) Subpoenas

(1) Issuance of subpoenas for witnesses and physical evidence. The Board may compel the attendance of witnesses, and the production of physical evidence before it from witnesses, upon whom process is served by subpoena anywhere within the state. Such subpoenas will be issued over the signature of the chairperson or vice chairperson and the seal of the Board.

(2) Service of subpoenas. From the institution of formal Board proceedings, subpoenas will be issued on behalf of the licensee or the Board as specified in Section 1370(E) of the Psychologists Licensing Act. Service of the subpoena will be the responsibility of the requesting party. Subpoenas shall be served and return made in the manner prescribed by general civil law.

(g) Order of procedure. The order of procedure at the hearing shall be as follows:

(1) Opening statements by legal counsel of both parties;

(2) Presentation of evidence by both parties followed by cross-examination of witnesses, and questions by State Board members;

(3) Closing arguments by legal counsel of both parties; and

(4) Submission of case to the Board for decision.

(h) Rules of evidence. Formal rules of evidence shall not apply. Rules of evidence shall be those specified in the Administrative Procedures Act.

(i) Hearing officer. In accordance with 1370 (D), the Board or the presiding member of the Board may direct that the board utilize a hearing officer to hear matters specified by the Board or by the presiding member. The duties of the hearing officer shall be specified in writing prior to the assumption of the duties. The duties may include, but are not limited to, any of the following:

(1) to hear and rule upon pretrial discovery disputes.

(2) to hear and rule on Motions in Limine.

(3) to review Motions to Dismiss in order to advise the Board on questions of law therein.

(4) to hear and rule on Motions for Continuance of a hearing.

(5) to hear and rule on other preliminary motions.

(6) to hear and rule on motions to have a Board member recused from a hearing.

(7) to mark, identify and admit or deny exhibits.

(8) to rule upon objections made during the hearing.

(j) Questioning of witnesses. Notwithstanding subsection (i), a quorum of the Board shall be present at the hearing and may, in accordance with the procedures noted in the Administrative Procedures Act, direct questions to the witnesses.

(k) Administration of oaths. The Board may administer oaths through the chairperson, vice chairperson, or the hearing officer.

(l) Evidentiary rulings. Subject to subsection (i), the presiding member of the Board shall rule on the admissibility of evidence. The rulings of the presiding member shall be the rulings of the Board unless reversed by a majority vote of the Board.

(m) Attorneys. A representative of the Attorney General's Office or, if the Board chooses, a private attorney licensed in the State of Oklahoma and engaged by the Board, shall serve as the prosecutor of the Board's case. The respondent psychologist may be represented by a personally engaged attorney.

(n) Majority vote. Disciplinary action to be taken as a result of the hearing shall require a majority vote of the Board members present.

(o) Record of hearing. A record of the formal hearing will be made by audio recording or by a court reporter. A written transcript shall be provided by the secretary of the Board upon written application and a deposit sufficient in amount to have the record transcribed or copied, the deposit to be paid by the individual requesting the written transcript. The audio file and/or transcript shall be kept on file in the Board office for one year.

(p) Order setting forth findings of fact and conclusions of law.

(1) The Board shall establish the findings of fact and conclusions of law in summarizing the outcome of a hearing. The Board will issue and record its order as authorized in Section 1370(D) of the Psychologists Licensing Act.

(2) The order of the Board will be effective immediately.

(3) The Board may revoke a license, suspend it for a period of time, place the psychologist on probation with specific conditions of time, place the psychologist on probation with specific conditions of probation, reprimand the psychologist, or impose a combination of such sanctions. The Board may revoke the probation for failure to comply with the conditions and exact the penalty.

(4) Copies of the order shall be sent by certified mail to the licensee and to the licensee's attorney, kept in the permanent Board file, and made available to other psychologist licensing jurisdictions.

(q) Petitions for rehearing. A petition for rehearing, reopening, or reconsideration of an adverse final order may be filed with the Board within 10 days from the day upon which the licensee is served with the written order of the Board. It must be signed by the penalized licensee, or that licensee's attorney, and must set forth with particularity the statutory ground upon which it is based. However, a petition for rehearing based upon fraud by any party or procurement of the order by perjured testimony or fictitious evidence may be filed at any time. Such petition must be accompanied by sworn affidavit. Upon receipt of such petition, it shall be turned over to the Board member or other authorized individual responsible for complaints, who shall proceed to investigate in the manner prescribed in 575:1-1-3 for investigation of complaints.

(r) Monitoring compliance with Board order. The Board shall be responsible for monitoring compliance with an order of the Board.

(s) Procedure for appeal of Board rulings. A psychologist who feels aggrieved by reason of the suspension or revocation of his/her license, or of a probation or reprimand, may file suit within thirty (30) days after receiving notice of the Board's order in the district court of Oklahoma County, or in the district court of the county of his residence, to annul or vacate the order of the Board. The suit shall be filed against the Board as defendant, and service of process shall be upon either the chairperson or secretary of the Board. The suit shall be tried by the court without a jury and shall be a review of the record, but the burden of proof and the cost of transcribing the record are upon the plaintiff assailing the order of the Board. The judgment of the district court may be appealed to the Supreme Court of Oklahoma in the same manner as other civil cases.

Amended at 12 Ok Reg 1261, eff 5-11-95; Amended at 12 Ok Reg 1951, eff 5-15-95 (emergency); Amended at 13 Ok Reg 1715, eff 5-28-96; Amended at 14 Ok Reg 1999, eff 5-27-97; Amended at 20 Ok Reg 1012, eff 5-12-03; Amended at 22 Ok Reg 981, eff 5-12-05; Amended at 23 Ok Reg 1477, eff 5-25-06

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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