Oklahoma Administrative Code › Title 575 - State Board of Examiners of Psychologists › Chapter 1 - Organization of Board and Procedures for Handling Complaints › Section 575:1-1-4 - Hearings for psychologists

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance of formal complaint; setting date for formal hearing.
If
					the request for inquiry and/or the summary and recommendation of the Probable
					Cause Committee appear to the Board to warrant and support such action, and
					upon the affirming vote of a majority of the members present in open meeting,
					the Board prosecutor shall file a complaint on behalf of the Board (the Board
					vs. the licensee) to initiate an individual proceeding and the Chair of the
					Board or Executive Officer shall set the date, time, and place for a formal
					hearing. Notice shall be served as specified in Section 1370 (C and E) of the
					Psychologists Licensing Act, except that notice shall be served twenty (20)
					days before the date of the hearing.
(b)
Purpose of formal hearing.
The formal hearing will be an administrative proceeding held to determine
					whether or not a licensee should be disciplined due to alleged improper
					conduct. The purpose of the proceeding will be that of insuring the overall
					public interest inherent in such matters and not that of vindicating a private
					wrong alleged to have occurred to the complaining witness. As such, the
					complaining witness will become a witness only in the Board's proceedings and
					is not a party to the Board's action.
(c)
Notice to licensee.
The
					licensee named in the Board's complaint shall be notified by certified or
					registered mail. This notification shall include a copy of the Board's
					complaint, an explanation of rights, and the date, time, and location of the
					Board meeting at which the Board will hold its formal hearing regarding the
					complaint. The notice shall also include other information as required in the
					Administrative Procedures Act. The explanation of rights shall include the
					following alternatives regarding the licensee's response to the Board's
					complaint: The licensee may be represented at the hearing in writing, in
					person, or by counsel. If the licensee does not so appear, the Board may,
					within its discretion, summarily revoke or suspend the accused's license or may
					issue a formal reprimand. The Board shall record its findings and order in
					writing.
(d)
Notice to other
					persons.
The Board shall also notify other persons whose presence is
					required of the date, time, and place of the hearing. Notice shall be served as
					specified in Section 1370 (C and E) of the Psychologists Licensing
					Act.
(e)
Discovery.
Discovery by either the Board or the licensee shall be limited to the forms of
					discovery permitted by the Oklahoma Administrative Procedures Act. Requests for
					discovery under this section must be made at least 10 days before the
					hearing.
(f)
Subpoenas
(1)
Issuance of subpoenas for witnesses
					and physical evidence.
The Board may compel the attendance of witnesses,
					and the production of physical evidence before it from witnesses, upon whom
					process is served by subpoena anywhere within the state. Such subpoenas will be
					issued over the signature of the chairperson or vice chairperson and the seal
					of the Board.
(2)
Service of
					subpoenas.
From the institution of formal Board proceedings, subpoenas
					will be issued on behalf of the licensee or the Board as specified in Section
					1370(E) of the Psychologists Licensing Act. Service of the subpoena will be the
					responsibility of the requesting party. Subpoenas shall be served and return
					made in the manner prescribed by general civil law.