Okla. Admin. Code § 335:10-1-6

Current through Vol. 42, No. 4, November 1, 2024

Section 335:10-1-6 - Hearings, depositions and answers

(a)Notice of hearing. Not less than thirty (30) days prior to a scheduled hearing, Respondent and Complainant shall be mailed, by certified mailing, a summary of the investigator's report or a Bill of Particulars of charges to be heard before the Commission.

(b)Respondent's answer and failure to answer. Within ten (10) days of receipt of the investigator's summary or Bill of Particulars described in (a) of this section, Respondent shall file an answer setting forth his denial or affirmation of each finding of reasonable cause included in the summary or any new material relevant to said findings. Failure to file said answer may result in default judgment being rendered against Respondent.

(c)List of witnesses to parties. Within five (5) days of receipt of the investigator's summary or Bill of Particulars as provided in (a) of this section, there shall be filed with the Commission, by or on behalf of the Respondent and by or on behalf of the Complainant, a list of all witnesses either of said parties may wish to have testify at the hearing. Said list of witnesses shall be furnished by each party to the opposing party within said period of time.

(d)List of witnesses to be deposed. Within five (5) days of receipt of the list of witnesses from opposing party, there shall be filed with the Commission, by or on behalf of the Respondent and by or on behalf of the Complainant, a list of any and all witnesses either of said parties may wish to depose. Said list of witnesses shall be furnished by each party to the opposing party within said period of time.

(e)Required information pertaining to witnesses. Each list of prospective witnesses shall contain their names, addresses, and telephone numbers (if known), and the name of the party on whose behalf it is offered.

(f)Dates of depositions and notice to parties. Dates of all depositions shall be scheduled by the Commission staff with notification given all interested parties.

(g)Assertion of legal option by Commission staff designated to present evidence. A member of the Commission staff designated to present the evidence on behalf of the complaint shall be authorized to assert any legal option before the Commission available to private counsel.

(h)Commission member may be designated to preside at hearing. When deemed advisable, the Commission may, by order, designate one (1) or more members to preside at hearings and pass upon complaints after hearings as provided for by Title 25, Oklahoma Statutes § 1501(6).

(i)Media and other photographic and electronic coverage. News camera, television camera, and other photographic and electronic coverage of a Commission hearing will be permitted only when a request for such coverage has been made prior to the hearing and approved by a majority of those Commissioners who will sit on the hearing. This subsection places no restrictions on non-photographic, non-electronic coverage by the news media.

(j)Hearing provisions. Hearings, as provided for in Title 25, Oklahoma Statutes § 1503, are conducted in accordance with the provisions of Title 75, Oklahoma Statutes § 309-313, and 315-317, except as otherwise required by Title 25, Oklahoma Statutes § 1101 et seq.

(k)Pre-hearing conference. Upon five (5) days notice to both parties, the Hearing Examiner may request a pre-hearing conference of the parties for purposes of pre-hearing motions, briefs and evidentiary stipulations.

Okla. Admin. Code § 335:10-1-6