Okla. Admin. Code § 340:2-5-120

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

Section 340:2-5-120 - Hearing procedures

(a)Hearings. All hearings scheduled by the Appeals Unit are conducted by an administrative hearing officer (AHO), who:

(1) designates the hearing location;

(2) administers oaths;

(3) conducts the hearing in an orderly manner;

(4) rules on the admissibility of evidence; and

(5) takes such action as the AHO deems necessary to reach a proper disposition of the case.

(b)Hearings are not open to the public.

(1) In order that the confidential nature of case material and the relationship between the appealing party and the Oklahoma Department of Human Services (DHS) is maintained, hearings are not open to the public.

(2) With approval of the AHO, in addition to the appealing party and the local office representative, persons permitted to attend the hearing are:

(A) persons invited by the appealing party;

(B) witnesses, subject to the AHO's direction that witnesses are excluded from the hearing prior to their testimony; and

(C) any member of the Child Care Advisory Committee who wants to attend the hearing.

(c)Pre-hearing conference. A conference may be conducted by the AHO prior to the formal beginning of a hearing. The pre-hearing conference is not recorded.

(d)Recording the hearing.

(1) The AHO is responsible for arranging for the hearing to be recorded. The hearing may be recorded electronically or by a certified court reporter.

(2) The AHO's recording of the hearing is the official recording. The appealing party may provide his or her own recording device for use during the hearing if such recording is not disruptive. Videotaping is not allowed.

(3) Upon written request to the Appeals Unit, DHS provides the appealing party a copy of the:

(A) tape recording of the hearing. A transcript of the recording is provided only when required by federal or state law; or

(B) court reporter's transcript.

(e)Sequestration of witnesses. The AHO may require that any witness, other than the appealing party or the Child Care Services representative, absent himself or herself from the hearing room except when the witness is testifying.

(f)Presentation of the case.

(1) The AHO directs the order of presentation of the case.

(2) When presentation of the evidence is complete, the AHO allows closing statements.

(3) The AHO renders a decision immediately following closing statement.

Okla. Admin. Code § 340:2-5-120

Added at 19 Ok Reg 2199, eff 6-27-02

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016