Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 1 - General Provisions › Part 1 - GENERAL › Section 165:5-1-9 - Telephone or videoconference participation

Current through Vol. 41, No. 20, July 1, 2024
(a) In an
				  unprotested hearing, testimony by witnesses, appearances by parties of record,
				  and arguments made by parties of record may be offered by telephone or
				  videoconference, unless the Commission or Administrative Law Judge determines
				  that the presence of the witnesses or parties of record in the courtroom is
				  necessary for the effective and efficient presentation of evidence or
				  argument.
(b) In a protested
				  hearing, testimony by witnesses, appearances by parties of record, and
				  arguments made by parties of record may be offered by telephone or
				  videoconference with the consent of all parties of record and the Commission or
				  Administrative Law Judge. It shall be the responsibility of the proponent of
				  telephone or videoconference testimony or argument to obtain the required
				  consent before the hearing. No continuance shall be granted for failure to
				  obtain the required consent.
(c) If
				  participation through a telephone or videoconference service in a proceeding is
				  sought, the proponent must indicate the capability to establish the
				  participation using his or her own digital device or other means of
				  access.
(d) A proceeding conducted
				  by telephone or videoconference shall be conducted in the same manner as if the
				  parties had appeared in person, and the Commission or Administrative Law Judge
				  presiding over the matter may exercise all powers consistent with the
				  proceeding.
(e) In any proceeding
				  conducted by telephone or videoconference, the remote location(s) shall be
				  considered an extension of the courtroom and held before the Commission or
				  Administrative Law Judge who is presiding. The Commission or Administrative Law
				  Judge's pronouncements, instructions, recommendations and/or rulings shall have
				  the same force and effect as if all participants had been physically present in
				  the courtroom. The Commission or Administrative Law Judge shall consider and
				  rule on any objections of a party of record prior to beginning the
				  proceeding.
(f) An oath administered
				  by the Commission or Administrative Law Judge in a proceeding conducted by
				  telephone or videoconference shall have the same force and binding effect as if
				  the oath had been administered to a person physically present in the
				  courtroom.
(g) In any proceeding
				  conducted by telephone or videoconference, a court reporter, who can see (if
				  videoconference) and hear the witness and other participants, may record notes
				  and transcribe the proceeding without being physically present in the same
				  location as either the Commission or Administrative Law Judge or the remote
				  participants.
(h) In any proceeding
				  conducted by telephone or videoconference, an interpreter, who can see (if
				  videoconference) and hear the witness and other participants, may provide
				  interpreter services without being physically present in the same location as
				  either the judge or the remote participants.
(i) Any system used for conducting a
				  proceeding by telephone or videoconference shall conform to the following
				  minimum requirements:
(1) Participants shall
				  be able to see (if videoconference), hear, and communicate with each other
				  simultaneously;
(2) Participants
				  shall be able to see (if videoconference), hear, and otherwise observe any
				  physical evidence or exhibit presented;
(3) Video and sound quality shall be adequate
				  to allow participants to observe demeanor and nonverbal communications and to
				  clearly see (if videoconference) and hear what is taking place to the same
				  extent as if they were present in the courtroom;
(4) When feasible, a party and the party's
				  attorney should be allowed to communicate privately off the record by use of a
				  private communication facility (cellphone, landline, facsimile, Skype, etc.)
				  during the proceeding, or during a break. The Commission or Administrative Law
				  Judge is not required to provide a private communication facility if none is
				  available.