Oklahoma Administrative Code › Title 270 - Oklahoma Firefighters Pension and Retirement System › Chapter 1 - Administrative Operations › Section 270:1-1-5 - Hearing procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) The
			 State Board may conduct examinations and investigations of pension matters
			 within the scope of its jurisdiction and authority as it deems appropriate to
			 secure information useful in the lawful administration of these provisions. The
			 State Board may compel witnesses to appear and testify upon all matters
			 connected with these provisions in the same manner as provided by law for the
			 taking of testimony.
(b) Any
			 person, existing local board or participating municipality aggrieved by a
			 decision of the Executive Director or the State Board on any matter concerning
			 rights or benefits available under these provisions, may request a hearing
			 before the State Board to review or reconsider those decisions.
(1) The request for hearing shall be mailed
			 or delivered to the office of the System, located at Oklahoma Firefighters
			 Pension and Retirement System, 6601 Broadway Extension, Suite 100, Oklahoma
			 City, Oklahoma 73116.
(2) Upon
			 receipt of the request for hearing, the State Board shall assign a hearing
			 number thereto and shall notify the requesting party of the date of the hearing
			 by mail. The appropriate existing local pension board of the participating
			 municipality shall also be given notice of the hearing date by mail.
(3) Formal Hearing Procedures.
(A) All hearings shall be public except that
			 all information, documents and copies contained in a member's file shall be
			 given confidential treatment and shall not be made public without prior written
			 consent of the member. The State Board may hold any part of the hearing in
			 Executive Session as allowed by 25 O.S. Section
			 307, if the
			 State Board determines that disclosure of confidential communication or
			 information would seriously impair the ability of the public body to conduct
			 the hearing or would violate confidentiality requirements of state or federal
			 law. Upon a motion of any party, witnesses may be excluded from the hearing
			 room when such witness is not testifying.
(B) The hearing shall be presided by the
			 Chairman of the State Board, or the Chairman's designee, with the assistance of
			 the legal counsel for the State Board.
(C) The order of procedure for the hearing
			 shall be as follows:
(i) The presiding
			 officer, or the legal counsel for the State Board, shall present a recitation
			 of the matters before the State Board;
(ii) Opening statement by the requesting
			 party;
(iii) Presentation of
			 evidence by the requesting party followed by questioning by the presiding
			 officer, legal counsel for the State Board, or any member of the State Board;
(iv) Presentation of evidence by
			 the legal counsel for the State Board, if necessary, followed by questioning by
			 the requesting party or any member of the State Board;
(v) Opportunity for rebuttal testimony or
			 additional evidence and questioning by interested parties may be allowed at the
			 discretion of the presiding officer;
(vi) Closing arguments by the requesting
			 party.
(4) If
			 the requesting party desires a certified court reporter at the hearing, the
			 State Board will arrange for a certified court reporter upon request of the
			 party. The cost of a certified court reporter shall be paid by the requesting
			 party. Such a request should be in writing but will not be considered if
			 received less than ten (10) days before the hearing date.
(5) Requests for continuances received prior
			 to the hearing date may be granted by the Chairman of the State Board for good
			 cause shown.
(6) The State Board
			 may in its discretion assign any matter to a hearing examiner to conduct a
			 hearing and receive all evidence. The hearing examiner shall prepare a proposed
			 order to be submitted to the State Board within ten (10) days after the hearing
			 at a place convenient for the parties and/or witnesses. The State Board shall
			 consider the proposed order of the hearing examiner at the next scheduled
			 public meeting of the State Board.
(7) All decisions of the State Board shall be
			 in writing and shall be mailed to all parties or their attorney of record.
(8) Any person who deems himself
			 or herself aggrieved by a decision of the State Board on a claim for pension
			 benefits shall appeal the decision of the State Board to the Oklahoma County
			 District Court, as provided in 11 O.S. Section
			 49-128.