Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 3 - Non-Coal Rules of Practice and Procedures › Subchapter 1 - General Provisions › Section 460:3-1-5 - Conducting hearings for formal review

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may hold hearings for
				formal review on any matter within the Department's jurisdiction. Hearings for
				formal review may be instituted and conducted where expressly required by law
				and where deemed necessary to the proper execution and discharge of any of the
				powers or duties conferred or imposed upon the Department by law. Hearings may
				be instituted by application, petition, complaint (herein generally and
				collectively referred to as "application") or similar request of an aggrieved
				person or by the Department on its own initiative.
(b) All hearings for formal review held under
				the authority of 45 O.S., Section 721 et seq., shall be in compliance with 75
				O.S., Section 301 et seq., as amended, and with this Chapter.
(c) Hearings for formal review shall be
				conducted by an authorized Hearing Examiner who shall be designated by the
				Director. Hearing Examiners are authorized to issue subpoenas, administer
				oaths, to supervise, direct, preside over and conduct the hearing proceedings;
				to make and enter interlocutory rulings; to make and enter rulings on any other
				motions or objections arising during the course of the hearings; and, generally
				to do all things necessary and incidental to conducting and completing the
				hearing.
(d) Hearings for formal
				review may be held at the main offices of the Department in Oklahoma City, or
				at such other locations as may be designated by law, rule or
				regulation.
(e) All testimony and
				evidence given at hearings for formal review shall be electronically recorded
				in duplicate. Upon receipt of notice of appeal to the District Court pursuant
				to the Administrative Procedures Act or upon other proper request of a party of
				record, the Department shall transcribe the testimony verbatim. The cost of
				transcribing the hearings and furnishing a certified copy of the record to the
				District Court shall be borne by the appellant, petitioner or requesting party.
				When a completed hearing record has been transcribed and certified, a copy of
				the transcript may be obtained, upon written request, from the Department.
				There will be a transcription fee, as determined by the Department, payable by
				the requesting party. [75 O.S., Sections 309, 320].
(f) When deemed necessary and proper for the
				purposes of a hearing for formal review, pre-hearing discovery by a party may
				be allowed as provided under the Administrative Procedures Act and this
				Chapter. Depending upon the nature of the hearing, pre-hearing discovery may be
				made at any time subsequent to the filing (and acceptance for filing) of an
				application or petition, or otherwise, at any time subsequent to the
				institution of proceedings on the application. Requests for pre-hearing
				discovery must be timely made and the Hearing Examiner may impose reasonable
				and necessary limitations on the period of time within which discovery requests
				may be presented and entertained.
(1) In any
				hearing proceeding, the Hearing Examiner may direct, on the Examiner's own
				motion , or at the request of a party, that the parties appear for a
				pre-hearing conference. Parties of record shall be notified of such conferences
				in advance. A pre-hearing conference may be held to facilitate simplification
				of issues presented, admissions and stipulations, the identification of
				documents and witnesses proposed to be offered, discovery and production of
				relevant documents and other information, to consolidate parties and issues,
				and any other matters as may aid in the conduction of the hearing.
(2) The Hearing Examiner, on the Examiner's
				own motion or at the request of a party, may, in the name of the Department,
				issue subpoenas for witnesses and/or the production of books, records, papers
				or other information or objects. Subpoenas may be personally served by any
				authorized Department member or by certified mail, return receipt requested.
				Subpoenas must be served no less than three (3) days prior to the date of the
				hearing. [75 O.S., Section 315].