Current through Vol. 41, No. 13, March 15, 2024
(a)
Order of proceeding. The hearing shall proceed as follows:
(1) The Administrator or the Hearing Officer
shall call the hearing to order;
(2) the Administrator or the Hearing Officer
shall briefly explain the purpose and nature of the hearing;
(3) the Administrator or the Hearing Officer
may allow the parties to present preliminary matters;
(4) the Administrator or the Hearing Officer
may allow the parties to make opening statements;
(5) the Administrator or the Hearing Officer
shall state the order of presentation of evidence;
(6) witnesses shall be sworn or put under
affirmation to tell the truth; and
(7) the Administrator or the Hearing Officer
may allow the parties to present summations and closing argument.
(b)
Rules of
evidence. The rules of evidence need not be strictly followed or
observed by the Administrator or the Hearing Officer during the hearing in
order to obtain a full and fair disclosure of facts relevant to the matters at
issue. However, the admissibility of evidence shall be governed by the
provisions of Section 310 of the Administrative Procedures Act.
(c)
Official notice. The
Administrator or the Hearing Officer may take official notice of judicially
cognizable general, technical, or scientific facts.. In addition, notice may be
taken of generally recognized practices and procedures relating to the
applicable industry. Parties shall be notified either before or during the
hearing of the material noticed and they shall be afforded an opportunity to
contest the material so noticed. The Administrator's or the Hearing Officer's
experience, technical competence, and specialized knowledge may be used in
evaluating the evidence presented.
(d)
Examination of witnesses.
(1) Witnesses shall testify under oath or
affirmation. If the Administrator or the Hearing Officer, determines that a
witness is hostile or unresponsive, the Administrator or the Hearing Officer
may authorize the party calling the witness to proceed as if the witness were
under cross-examination.
(2) A
party may conduct direct examination or cross-examination of a witness in order
to obtain a full and fair disclosure of facts relevant to the matters at issue.
(3) Upon request by any party, the
Administrator or the Hearing Officer may exclude witnesses other than parties
from the hearing room when those witnesses are not testifying. A party that is
not a natural person may designate an individual as its representative to
remain in the hearing room, even though the individual may also be a witness.
An expert witness who is to render an opinion based on the testimony given at
the hearing may remain in the hearing room during all testimony. The
Administrator or the Hearing Officer may order the witnesses, parties, their
counsel, and any person under their direction not to disclose to any
sequestered witness the substance of the testimony, exhibits, or other evidence
introduced during the absence of the witness.
(4) No witness shall testify by telephone or
other electronic means unless by agreement of the parties or by order of the
Administrator or the Hearing Officer.
(5) The Administrator or the Hearing Officer
may question any witness provided that all parties shall have the right of
cross-examination of those witnesses.
Amended at 15 Ok Reg 3411, eff 7-15-98; Amended at 21 Ok
Reg 2489, eff 7-1-04; Revoked at 24 Ok Reg 2329, eff 7-1-07; Amended at 30 Ok
Reg 2065, eff 8-1-13
