Oklahoma Administrative Code › Title 485 - Oklahoma Board of Nursing › Chapter 10 - Licensure of Practical and Registered Nurses › Subchapter 11 - Disciplinary Action › Section 485:10-11-2 - Hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Conduct
				of hearing.
All hearings and notice thereof shall be conducted and
				governed in accordance with the provisions of the Oklahoma Administrative
				Procedures Act. [75 O.S. Section 309
et seq
.]
(b)
Procedures before the Board.
(1) Every individual proceeding shall be
				initiated by a sworn complaint containing a brief statement of the facts
				supporting the request for action by the Board.
(2) The respondent shall file with the Board
				a written response under oath to the Complaint by the date to be furnished. If
				no response is filed, the Respondent shall be considered in default and the
				Board may take whatever action it deems sufficient and appropriate. The
				Executive Director of the Board or designee may extend the time within which a
				response must be filed, but in no event may the time be extended beyond the
				hearing date.
(3) Written requests
				for continuances shall be received in the Board office not less than four (4)
				business days prior to the date and time set for the hearing. The request shall
				state the reasons for the request and time period desired. The Board or its
				designee shall promptly rule on such requests.
(4) Discovery shall be conducted in
				accordance with the Administrative Procedures Act except that all discovery
				must be completed ten (10) days prior to the date set for hearing unless
				otherwise ordered by the Board.
(5)
				The order of procedure at the hearing shall be as follows:
(1) presentation of evidence by both parties
				followed by cross-examination and rebuttal of witnesses, questions by State
				Board members;
(2) closing
				arguments by legal counsel of both parties; and
(3) submission of case to Board for
				decision.
(6) The
				admissibility of evidence shall be governed by the provisions of the Oklahoma
				Administrative Procedures Act [75 O.S. Section 310].
(7) The President of the Board or his/her
				designee shall rule on admissibility of evidence and objections to such
				evidence and shall rule on other motions or objections in the course of the
				hearing.
(8) The Board, its
				designee, attorney for the Board, the respondent or attorney for the
				respondent, may conduct examinations.
(9) A respondent who fails to appear, after
				having received proper notice, may be determined to have waived the right to
				present a defense to the charges in the complaint and the Board may declare the
				respondent in default and revoke, suspend or otherwise discipline respondent as
				it may deem necessary.
(10)
				Subpoenas for the attendance of witnesses and/or furnishing of information
				required by the Board staff and as requested by the respondent, and/or the
				production of evidence or records of any kind shall be issued by the Director
				of the Investigative Division or the Director's designee.
(A) In all cases where a party desires to
				have subpoenas or subpoenas duces tecum issued to compel the attendance of
				witnesses, or production of documents, a written request shall be filed with
				the administrative office of the Board by such party or his attorney, and
				directed to the Director of the Investigative Division or the Director's
				designee. The Director of the Investigative Division or the Director's designee
				shall have three (3) business days to process the request. The request shall
				specify the witness by name and address; and shall identify any documents to be
				subpoenaed. The request shall acknowledge that any expense associated with the
				subpoena process shall be paid by the party requesting the subpoena, including
				travel expense and daily attendance fees, in the amount as set by statute for
				other civil matters, at the time of the service of such subpoena.
(B) The Director of the Investigative
				Division or the Director's designee shall cause such subpoenas to be issued and
				mailed in conformity with said written requests; provided, that in said
				subpoena the witnesses named therein shall be advised that they may demand
				their travel fees and daily attendance fees from the party, or his
				representative; and that neither the Board nor the State of Oklahoma shall be
				responsible for any traveling fees, daily attendance fees, or other expenses
				incurred by such witness in attending any proceeding.
(C) All requests for subpoenas and subpoenas
				duces tecum shall be filed with the Director of the Investigative Division or
				the Director's designee, no later than ten (10) business days prior to the date
				of the proceeding at which the presence of any such witness or documents would
				be required.
(D) A party requesting
				issuance of subpoenas and subpoenas duces tecum shall be responsible for
				obtaining service and for the cost of that service.
(11) The respondent is responsible for any
				expenses associated with witnesses, subpoenas and/or evidence presented on
				her/his behalf.
(12) Any pre-trial
				motions and/or discovery motions must be filed in the Board office not less
				than 20 days prior to the date set for hearing unless otherwise ordered by the
				Board.
(13) The respondent shall
				not communicate with any member of the Board concerning the matters alleged in
				the complaint before or during or after the hearing. This restriction does not
				apply to the presentation of testimony or evidence by the respondent in the
				course of the hearing.
(14) If for
				any reason a hearing is not completed and the Board finds that the public
				health, safety or welfare imperatively requires emergency action, the Board may
				take such emergency action with regard to the respondent's license as it deems
				necessary in order to protect the health, safety or welfare of the
				public.
(15) When a majority of the
				officers of the Board, those being the President, Vice President and
				Secretary/Treasurer, have summarily suspended an individual's license or
				certification pursuant to Title 59 Section
				567.8(O) of the
				Oklahoma Statutes, none of the officers participating in the emergency summary
				suspension decision shall participate in the Board hearing at which the
				emergency summary suspension will be considered by the full
				Board.