Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 45 - Employees Group Insurance Division - Administrative and General Provisions › Subchapter 5 - Grievance Panel Procedures › Section 260:45-5-4 - Grievance hearings conducted by the three [3] member Grievance Panel

Current through Vol. 41, No. 20, July 1, 2024
(a)
Witness list.
Each party
				must submit, in writing, at least forty-eight [48] hours prior to the date of a
				grievance hearing a complete list of witnesses he or she intends to call, along
				with a brief comment as to the nature of the testimony. Witnesses shall not be
				called to testify at the hearing unless notice has been given to the opposing
				parties.
(b)
Assignment of
				Panel and Chairman.
All hearings shall be held before a three-member
				Grievance Panel, as assigned by the Office of the Administrative Director of
				the Courts. All hearings shall be conducted in accordance with and be governed
				by the provisions of the Oklahoma Administrative Procedures Act, 75 O.S.
				§301-326. At each convening of the Panel, one member shall be designated
				to act as the Chairman.
(c)
Admissibility of evidence.
Rulings on admissibility of evidence
				shall be made by the Panel Chairman; provided, however, that the remaining
				members of the Panel may, by affirmative vote, overrule the Chairman's
				decision, on their own motion or upon motion of any party to the hearing.
(d)
Oaths and
				subpoena.
The Chairman of the Panel shall have the authority to
				administer oaths for obtaining testimony for the hearing; and any member of the
				Panel or the Attorney representing EGID shall have the authority to issue
				subpoenas for witnesses or subpoenas duces tecum to compel the production of
				books, records, papers and other objects for the hearing. Said subpoenas may be
				served by any duly qualified officer of the law, or any employee of EGID in any
				manner prescribed for the service of a subpoena in a civil action.
(e)
Court reporter.
The Attorney
				representing EGID shall cause a recording of the proceedings to be made by a
				certified court reporter at EGID's expense. If transcribed, such written
				transcript shall become a part of the official record of the hearing, and a
				copy shall be furnished to any other party having a direct interest therein at
				the request and expense of such party. The cost of preparing the written
				transcript of the hearing and providing a copy of the transcript to the other
				party shall be paid by the party on whose behalf the written transcript is
				requested.
(f)
Procedure.
In all hearings, opportunity shall be afforded the
				party or parties requesting same to respond and present evidence and argument
				on all issues involved. The hearing shall be conducted in an orderly manner.
				The party or parties requesting the hearing shall appear in person or through
				licensed counsel and be heard first; those, if any, who oppose the relief
				sought by the requesting party shall next be heard. Each party shall have the
				opportunity to present closing arguments.
(g)
Standard of review.
When
				considering complaints by insured members, the three [3] member Grievance Panel
				shall determine by a preponderance of the evidence whether EGID has followed
				its statutes, rules, plan documents, policies and internal procedures. The
				Grievance Panel shall not expand upon or override any EGID statutes, rules,
				plan documents, policies and internal procedures.