Oklahoma Administrative Code
Title 785 - Oklahoma Water Resources Board
Chapter 4 - Rules of Practice and Hearings
Subchapter 7 - Conduct of Hearings
Section 785:4-7-2 - Proper notice

After opening the hearing, the Hearing Examiner shall determine whether notice of the application was properly given as required by law. If a proof of publication affidavit by the newspaper publisher is not available at the hearing, the Hearing Examiner may at the Hearing Examiner's discretion leave the record open for late-filing of such proof of publication, provided that the matter subject of the hearing shall not be presented to the Board for consideration until such proof of publication showing that notice was properly published is filed. If the notice given is inaccurate as to matters to be considered at the hearing, the Hearing Examiner shall recess the hearing and consult with the Executive Director, Assistant Director and/or General Counsel concerning the inaccuracy and related matters of due process in determining whether the notice is materially, substantially or prejudicially defective in form or content. Should it be determined that the required notice was not given or is materially, substantially or prejudicially defective in form or content, the Hearing Examiner shall adjourn the hearing, set a new hearing date and a new and proper notice thereof shall be given. In addition to the required notice, all interested parties of record shall be given written notice of the new hearing date by the Hearing Examiner.

Amended at 10 Ok Reg 3271, eff 6-25-93; Amended at 11 Ok Reg 2907, eff 6-13-94