Okla. Admin. Code § 340:2-28-19

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

Section 340:2-28-19 - Evidentiary purpose

(a) The hearing includes argument, factual evidence, including testimony, stipulations, and exhibits; and judicial notice of the law and of adjudicative facts, pursuant to the Oklahoma Evidence Code, 12 O.S. Section 2101 et seq; however, the technical rules of evidence do not apply to the hearing. Rules and principles designed to ensure production of the most credible evidence available and to subject testimony to test by cross-examination are applied by the ALJ where reasonably necessary. All documents and other evidence offered or taken for the record are open to examination by the parties, unless limited by redaction or a protection order.

(b) Exhibits intended to be offered must be exchanged prior to the hearing, except for exhibits to be offered in rebuttal and except for exhibits for which the opposing parties waive their right to inspect on the record. The ALJ may recess the hearing to allow for exchange of exhibits offered in rebuttal, as necessary and reasonable, or the exchange of exhibits initially offered at hearing, based upon an anticipated waiver of inspection which then does not occur on the record. The ALJ may require a proffer to determine the reasonableness and necessity of a recess for these purposes. All exhibits offered in electronic format are considered a substitution for the original. All exhibits submitted are pre-marked for identification. Any exhibit submitted to the court in anticipation of being offered, but which is not offered at the close of the record, will not be considered part of the court record and will not be maintained.

Added at 9 Ok Reg 113, eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok Reg 2033, eff 7-1-03; Amended at 24 Ok Reg 2176, eff 7-1-07

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021