Okla. Admin. Code § 165:5-23-5

Current through Vol. 42, No. 7, December 16, 2024

Section 165:5-23-5 - Confidentiality of communications in the informal dispute resolution procedure

(a) All Notices of Intent to Mediate, Replies and all attached documentary evidence filed with the Commission's Court Clerk, as well as all communications, notes, records, and statements, whether oral or written, made, given or furnished by any Participant or Mediator in the course of an informal dispute resolution procedure are privileged and confidential, and are not discoverable or admissible as evidence in any administrative or judicial proceeding unless such communications, notes, records or statements are otherwise discoverable or admissible independent of the informal dispute resolution procedure.

(b) No Participant or Mediator shall be required to testify about any aspect of the informal dispute resolution proceeding relating to or arising out of the informal dispute resolution procedure or be required to disclose any information considered to be privileged and confidential under subsection (a) of this Section.

(c) A Mediator shall not communicate with a Commission administrative law judge or any Commissioner concerning any material or substantive aspect of an informal dispute made confidential by this Section.

(d) No administrative law judge shall be assigned to a formal hearing or other formal investigation of a complaint if that person has directly or indirectly obtained information relating to or concerning such complaint which is confidential under this Subchapter.

(e) Administrative law judge(s) assigned as Mediator(s) under this Subchapter shall not serve as an administrative law judge in any Formal Complaint based upon or arising out of the same dispute or facts described in the Notice of Intent to Mediate which was forwarded to the assigned Mediator. Any Conservation Division staff member(s) assigned as Mediator(s) under this Subchapter shall not serve as a technical advisor on any Formal Complaint based upon or arising out of the same dispute or facts described in the Notice of Intent to Mediate which was forwarded to the assigned Mediator. However, service as a Mediator shall not be deemed a conflict in other matters assigned to the Conservation Division docket.

Okla. Admin. Code § 165:5-23-5

Added at 17 Ok Reg 596, eff 12-16-99 (emergency); Added at 17 Ok Reg 1853, eff 7-1-00