Okla. Admin. Code § 390:2-1-8

Current through Vol. 42, No. 6, December 2, 2024

Section 390:2-1-8 - Hearing examiners

(a)Exercise of authority. Hearing Examiners shall conduct fair and impartial hearings and take all necessary action to avoid delay in the disposition of all proceedings. They shall have all powers necessary to that end unless otherwise limited by law, including but not limited to, the authority to:

(1) Administer oaths and affirmations;

(2) Rule upon offers of proof and receive relevant evidence;

(3) Rule upon the institution of discovery procedures as appropriate;

(4) Convene a hearing as appropriate, regulate the course of the hearing, examine any witness in order to clarify issues; maintain decorum and exclude from the hearing any disruptive persons;

(5) Exclude from the hearing any witness whose later testimony might be colored by testimony of other witnesses or any person whose presence might have a chilling effect on testifying witness;

(6) Rule on all motions, witness and exhibit lists and proposed findings;

(7) Require the filing of memoranda of law and the presentation of oral argument with respect to any question of law;

(8) Order the production of evidence and the appearance of witnesses whose testimony would be relevant, material and non-repetitious;

(9) Make inquiries of the parties or witnesses for the purpose of clarification or fact findings to insure a fair and impartial decision;

(10) Identify and document Findings of Fact and Conclusions of Law and renderdecisions pursuant to the particular action taken.

(b)Disqualification of hearing examiner.

(1) In the event that a Hearing Examiner considers himself/herself disqualified, he/she shall withdraw from the case, stating on the record the reasons why and shall immediately notify CLEET of the withdrawal.

(2) Any party may file a motion requesting the Hearing Examiner to withdraw on the basis of personal bias or other disqualification and specifically setting forth the reasons for the request. This motion shall be filed as soon as the party has reason to believe there is a basis for disqualification.

(3) The Hearing Examiner shall rule on the motion.

Okla. Admin. Code § 390:2-1-8

Amended at 16 Ok Reg 1189, eff 5-27-99; Amended at 23 Ok Reg 1923, eff 7-1-06