Okla. Admin. Code § 390:2-1-4

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

Section 390:2-1-4 - Discovery

(a)Purpose. Discovery is designed to enable a party to obtain relevant information needed for presentation of the party's case. These Rules are intended to provide a simple method of discovery. Discovery rules and time limitations will be pursuant to Oklahoma Discovery Code 12 O.S., Section 3224-3237 except as otherwise provided herein.

(b)Explanation. Discovery is a process apart from the hearing whereby a party may obtain relevant information from another person which has not otherwise been provided. Relevant information means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the information. This information is obtained for the purpose of assisting the parties in developing, preparing and presenting their cases.

(c)Methods. Discovery may be obtained by written interrogatories or oral interrogatories reduced in writing, depositions, requests for production of documents and things and entry upon land for inspection and other purposes, requests for physical and mental examination of persons, and requests for admissions.

(1)Depositions.

(A) Deposition of a witness for use at a hearing may be taken only when ordered upon motion by CLEET or on application of a party. The order may direct that the deposition of a witness be taken inside or outside the State of Oklahoma.

(B) The order shall state the time and place the deposition shall be taken, and the party taking the deposition shall serve a copy of the order by regular mail on each party of record at least five days prior to the date scheduled for taking the deposition.

(C) The manner of taking depositions and the attendance of witnesses shall be governed by the laws relating to taking the depositions for use in the District Courts, except that the attendance of a witness for deposition shall be required only in the county of his residence.

(D) A deposition may be offered in evidence at the hearing by any party.

(2)All others. All other forms of discovery may be obtained by following the applicable provisions of the Oklahoma Discovery Code.

(3)Stipulations. The parties may stipulate as to any matter of fact. Such a stipulation will satisfy a party's burden of proving the fact alleged.

(d)Witnesses.

(1)Lists. All parties to a proceeding shall file a list of witnesses expected to be called during the proceeding. Such list shall include a brief statement describing the testimony to be offered. Witness lists will be made available for inspection and copying to all parties of record. The witness list shall be made available at least five days prior to the hearing.

(2)Exclusion. The Hearing Examiner may exclude the testimony of any witness when said testimony is deemed irrelevant, unduly repetitious or cumulative.

(3)Testimony. A witness present at a hearing pursuant to subpoena may be called to testify by the Hearing Examiner or by any party.

(4)Protective orders. CLEET may make any orders with respect to subpoenas and attendance of a witness with or without application or notice, as may be appropriate for the protection of parties and witnesses, including an order excusing attendance, or limiting documents to be produced.

(e)Subpoenas.

(1)Duces Tecum. CLEET may, upon request of a party, issue a subpoena in the name of CLEET in any pending proceeding requiring attendance of a witness from any place in the state to the place of hearing. A Subpoena Duces Tecum may require a witness to produce at or before the hearing, books, records, accounts, papers and other instruments and tangible objects, which shall be described with reasonable particularity in the subpoena. A subpoena duces tecum directed to an entity, not an individual, may direct that the records be produced by an officer or employee responsible therefore.

(2)Request for subpoena. A request for subpoena shall be submitted to CLEET not less than ten days prior to the hearing. Such requests shall be supported by a showing of general relevance and reasonable scope and a statement of the facts expected to be proven.

(f)Role of Hearing Examiner. A hearing examiner may enter any orders, including scheduling orders, deemed necessary to facilitate the discovery process. Such orders may be entered upon request of a party or on the hearing examiner's own motion.

Okla. Admin. Code § 390:2-1-4

Amended at 16 Ok Reg 1189, eff 5-27-99 ; Amended at 29 Ok Reg 1606, eff 7-13-12 ; Amended at 30 Ok Reg 1829, eff 7-13-13

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022