Okla. Admin. Code § 515:25-13-2

Current through Vol. 42, No. 8, January 2, 2025

Section 515:25-13-2 - Executive parole revocation hearing

(a)Hearing procedure. The Hearing Officer presides over the proceedings and make a fair and impartial disposition based upon findings of fact.

(1) The facts shall be presented to and determined by the assigned Hearing Officer, unless the Hearing is waived by the parolee. If the Executive Parole Revocation Hearing is waived, the facts shall be determined by the Hearing Officer after a fair and impartial review of the written information submitted to the Hearing Officer by the DOC and the parolee.

(2) Witnesses shall be screened to determine who may be subject to sequestration. All non-party witnesses may be subject to sequestration.

(3) For Executive Parole Revocation Hearings that are conducted via video conference, the participants may appear at the video location or in person at the discretion of the Hearing Officer, provided that the parolee shall appear at the location determined by the DOC.

(4) The hearing shall be conducted in accordance with the due process requirements of law.

(b)Evidence. The Hearing Officer shall screen all evidence for its material value to the issues of the hearing.

(1) Rules of Evidence followed in the Oklahoma Courts shall not be applicable. However, the evidence relied upon must be material and relevant to the issues at hand. Direct and verified evidence shall be given the greatest weight in deciding issues in a particular case.

(2) Hearsay evidence is admissible and will be considered in light of its reliability, relevancy, necessity, and probative value.

(3) Evidence is relevant if it has a tendency to prove or disprove any disputed fact at issue.

(4) The Hearing Officer may take official notice of any fact that the courts may judicially notice and of those matters within the Hearing Officer's particular expertise, including the policies and procedures related to parole.

Okla. Admin. Code § 515:25-13-2

Adopted by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 9/11/2024