Okla. Admin. Code § 340:2-5-98

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

Section 340:2-5-98 - Hearing continuance, withdrawal, and dismissal

(a)Continuance of hearing.

(1)Additional evidence. At the conclusion of a hearing, the administrative hearing officer (AHO) may determine that additional evidence is needed before a final decision can be made. If so, the AHO may continue the hearing and direct the parties to submit any additional evidence the AHO deems necessary. The AHO may set time limits for the submission.

(2)Scheduling. If the AHO is informed, in advance of a hearing, that the resource family, authorized representative, or Department of Human Services (DHS) needs a continuance, the AHO continues the hearing if good cause is shown.

(b)Withdrawal of request for hearing. A resource family or authorized representative may withdraw a hearing request in writing, signed by the resource family or authorized representative.

(c)Dismissal of hearing request. If the resource family or authorized representative fails to appear for the scheduled hearing and fails to submit sufficient evidence to establish good cause for failure to appear, the AHO issues a letter of decision dismissing the request for hearing.

Okla. Admin. Code § 340:2-5-98

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