Okla. Admin. Code § 435:40-1-10

Current through Vol. 42, No. 3, October 15, 2024

Section 435:40-1-10 - Disciplinary hearings

Investigatory hearings may be conducted by the Advisory Committee to ascertain facts, make conclusions and recommendations to the Board.

(1) All notices or other papers requiring service in an individual proceeding shall be served in the manner set forth in 435:1-1-4(c).

(2) The time set for a hearing shall not be less than thirty days after the date the notice is completed.

(3) All parties to said hearing are authorized to use discovery techniques available to parties in a civil action in the state courts of Oklahoma.

(4) The hearing shall be conducted in an orderly manner by the Chairman of the Advisory Committee. The order of procedure will follow that which applies in civil proceedings of law.

(5) All hearings shall be conducted in accordance with and be governed by the provisions of the Oklahoma Administrative Procedures Act 75 O.S. 1981, Sections 301 through 327, as now or hereinafter may be amended.

(6) The hearing will be tape recorded and a record preserved at the Board office. If the respondent desires a certified court reporter to be present, that party shall be responsible for securing the attendance of the same. Neither the Advisory Committee nor the Board shall be responsible for the cost of the reporter or a transcription of the hearing.

(7) If a transcript of the hearing is desired, the requesting party must deposit sufficient funds to cover the transcription cost. The fees previously adopted by this Board for such transcription shall be applicable.

(8) Requests for continuances received prior to the hearing date may be granted by the Chairman of the Advisory Committee for good cause shown or held by the chairman for action by the committee.

(9) The Advisory Committee shall conduct the hearing, receive all evidence and shall thereafter make its recommendations to the Board for an appropriate order. Such recommendations shall be made within 5 days after the hearing. An aggrieved party may appeal such finding to the Board within thirty (30) days of the issuance of the Advisory Committee's Recommendations.

(10) Appeals to the Board must be made by written request of the appellee. Parties will be afforded an opportunity to make oral arguments to the Board.

Okla. Admin. Code § 435:40-1-10