Statutes, codes, and regulations
Oklahoma Administrative Code
Title 450 - Department of Mental Health and Substance Abuse ServicesChapter 1 - Administration
Subchapter 5 - Procedure in Individual Administrative Proceedings
Section 450:1-5-14 - Order

Okla. Admin. Code § 450:1-5-14

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Current through Vol. 42, No. 4, November 1, 2024
Section 450:1-5-14 - Order
(a)Issuance and services of order. Not more than twenty (20) calendar days after conclusion of the hearing, the Hearing Officer shall issue a proposed order with findings of fact and conclusions of law. If ODMHSAS proves its allegations in the petition and notice by clear and convincing evidence, the Hearing Officer shall issue an order sustaining the allegations. If ODMHSAS does not meet its burden, the Hearing Officer shall issue an order in favor of the respondent(s). The Hearing Clerk shall file and serve the proposed order on ODMHSAS and respondent(s) by certified mail, return receipt requested.
(b)Appeal. A party may appeal a Hearing Officer's Order to the ODMHSAS Board.
(1) Request for hearing. The Hearing Officer's order shall become final unless a party files and serves a written request for hearing by the ODMHSAS Board with the Hearing Clerk within fifteen (15) calendar days of the filing of the order.
(2) Briefs and exceptions. In the event a hearing by the Board is requested, all parties will be given the opportunity to file briefs and exceptions to the Hearing Officer's Order.
(3) Hearing. When a request for hearing is filed, the matter will be set on the agenda for the next Board meeting, unless the request is filed fifteen (15) calendar days or less prior to the next scheduled Board meeting, in which case it will be set for the on the agenda of the following meeting. The party requesting the hearing shall file any brief it wishes the Board to consider along with the request for hearing. The other party will then have ten (10) days to file its response. At the Board meeting, the parties shall be permitted to present oral argument. The length of oral argument shall be determined by the chair of the Board. Upon conclusion of oral argument by the parties, the Board may convene in executive session to deliberate the matter.
(4) Issuance of decision. The Board shall issue its decision within thirty (30) calendar days after the hearing before the Board.
(5) Appeal. A party may appeal the Board's decision as provided in the APA.

Okla. Admin. Code § 450:1-5-14

Added at 19 Ok Reg 1346, eff 7-1-02; Amended at 21 Ok Reg 1724, eff 7-1-04; Amended at 23 Ok Reg 1941, eff 7-1-06