Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-28 - Videoconference hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Any hearing may be held by videoconference technology.
				The proceedings will be conducted in a manner that is similar to those
				conducted when all parties are in the same room. A participant is required to
				sit in front of a device (e.g. phone, laptop, computer monitor, television)
				that allows the person to see the parties at the other locations.
(b)
Procedure.
At the
				commencement of a videoconference the presiding administrative law judge,
				hearing clerk or video coordinator will check that the link has been
				established. The administrative law judge will confirm that the remote
				participants can be seen and heard clearly and in like manner verify that the
				remote participants can clearly see and hear the participants and
				administrative law judge at the hearing venue. The assigned administrative law
				judge will decide and explain the procedure for the videoconference prior to
				testimony being taken. Identification for each participant, such as a driver's
				license or photo I.D., may be required. At the beginning of the docket, each
				case will be called and the parties will be given the number in which their
				case will be heard. Only the case being heard by the presiding administrative
				law judge will be in video contact with the tribunal. The administrative law
				judge may dismiss witnesses prior to conclusion of the hearing.
(c)
Hearing procedure.
The
				administrative law judge will be in charge of the proceedings. Parties will be
				sworn in and testimony taken as in a courtroom proceeding. The entire
				proceeding will be recorded using both audio and video means. Only one person
				shall talk at a time as directed by the administrative law judge.
(d)
Recesses.
If a recess is
				taken, the administrative law judge will indicate for the record when it starts
				and stops and when the record is to continue. The administrative law judge will
				also note the presence or absence of those attending and previously identified
				prior to the recess.
(e)
Exhibits.
All exhibits that a party intends to present at a
				hearing must be submitted to the administrative hearing clerk and opposing
				party/counsel at least five (5) days prior to the hearing. All exhibits must be
				identified numerically and indicate if the exhibit is by petitioner or
				respondent. (Example: Respondent's Exhibit 1). If the author of a document is
				not present to provide a foundation for admission, and the document does not
				otherwise qualify for an exception, it may be denied admission into evidence
				unless the administrative law judge determines it has probative value to the
				issues of the case. Other than a request for a hearing letters to the tribunal
				or letters to the Department are not part of the evidence unless offered by one
				of the parties and admitted.
(f)
Witnesses.
In some cases, witnesses may be required to wait
				outside the hearing room at a remote venue because of limitations on space or
				because of a procedural requirement. In most cases, all witnesses will be sworn
				in at the beginning of the hearing and admonished not to discuss their
				testimony with other witnesses.
(g)
Continuances.
A request to continue a video-teleconference hearing
				must be made no later than five (5) days before the hearing unless there is a
				showing of good cause. The request must be in writing and either mailed, faxed
				or emailed to the hearing clerk within the time specified. The request must
				explain why a continuance is necessary, must indicate the person requesting the
				continuance, and must indicate if the opposing counsel has been contacted and
				whether opposing counsel objects to the continuance request. If the hearing is
				continued, it will be scheduled on the next available docket.
(h)
Technical difficulties.
If a
				video link is interrupted or cannot be established, the hearing may be
				postponed or proceed as a telephone hearing at the discretion of the
				tribunal.
Added at 27 Ok Reg 2496,
				  eff 7-25-10