Okla. Admin. Code § 340:2-5-75

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

Section 340:2-5-75 - Reopened hearings

(a) If, following a hearing at which a decision was not pronounced, the administrative hearing officer (AHO) determines the evidence presented in the hearing was so inadequate that a decision cannot be made, the hearing is reopened and further information requested.

(1) When it is necessary to reopen a hearing, the AHO sends the client, authorized representative, and the local office a letter clearly stating:

(A) what evidence is to be submitted;

(B) who submits the evidence;

(C) a deadline for submission;

(D) the manner in which the evidence is submitted; and

(E) the deadline for the opposing party to submit comments regarding the evidence or to request the hearing be reconvened.

(2) The client is expected to cooperate in any way necessary to obtain the desired information and failure to do so without good cause may result in the dismissal of the hearing request.

(b) When the hearing is reopened for the purpose of obtaining additional medical information, the needed examination is arranged in the usual manner.

(1) When the examination is authorized by a local office, the office routes the original completed report to the Appeals Unit and the client or authorized representative.

(2) When the examination is authorized by State Office, all copies of the completed report are forwarded to the Appeals Unit by the division or unit that authorized the examination. The Appeals Unit sends a copy of the completed report to the local requesting office and to the client.

(c) The AHO may make a referral to another unit or division, or request the local office obtain the needed information.

(d) Following receipt of additional information, the AHO informs the client, authorized representative, and local office in writing of:

(1) the additional evidence obtained;

(2) the source of the additional evidence;

(3) how the evidence relates to the issues; and

(4) that either party may ask the hearing be reconvened, but the AHO is not required to grant the request.

Okla. Admin. Code § 340:2-5-75

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

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/15/2014