Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 3 - Contractor Prequalificaiton and Proposals › Section 730:25-3-6 - Notice, hearings, and appeals for debarments or suspensions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definitions.
The following terms and procedures shall apply to the
				conduct of hearings for debarments and suspensions as set forth in this section
				and such other hearings as the Department may determine. The following words
				and terms, when used in this section, shall have the following meaning, unless
				the context clearly indicates otherwise.
(1)
"Administrative appeal"
means the complete procedure that takes
				place, including the filing of a petition, to conduct an administrative review
				of a decision of the Department of Transportation when such decision is
				reviewable under this chapter or as otherwise provided.
(2)
"Administrative head"
means
				the Director of the Oklahoma Department of Transportation or a person
				officially designated by the Director to issue final agency orders in
				administrative appeals under this section.
(3)
"Affidavit"
mean a written
				statement of facts, made voluntarily, confirmed by the oath or affirmation of
				the party making such written statement and which is taken before a person with
				statutory authority to administer such oath or affirmation.
(4)
"Allegation"
means the claim
				of a party which that party expects to prove in the administrative
				hearing.
(5)
"Allege"
means to state, assert or charge; to make an allegation.
(6)
"Appellant"
means the party
				who files a petition for hearing.
(7)
"Burden of proof"
means the
				obligation of a party to establish alleged fact(s) by clear and convincing
				evidence.
(8)
"Continuance"
means a postponement of a status conference,
				prehearing or hearing to a future date. Continuances shall be granted at the
				discretion of the Presiding Officer for good cause shown.
(9)
"Cross-examination"
means
				the questioning of a witness by a party other than the party calling the
				witness. Cross-examination may only involve the issues covered in direct
				examination.
(10)
"Deposition"
means a form of discovery in which the testimony of a
				party or witness is taken and recorded prior to an administrative hearing.
				Depositions shall be taken before a court reporter in response to a subpoena
				unless otherwise taken by agreement of the parties.
(11)
"Direct examination"
means
				the questioning of a witness by a party calling the witness.
(12)
"Discovery"
means the
				process of determining relevant information for use at an administrative
				hearing. Discovery is conducted prior to an administrative hearing and upon
				order of the Presiding Officer unless otherwise agreed to by the
				parties.
(13)
"Dismiss"
means to close an administrative hearing without further
				consideration.
(14)
"Evidence"
means relevant documents or testimony that tends to
				prove or disprove the existence or non-existence of a fact.
(15)
"Ex parte communications"
means improper communication of a material nature between the Presiding Officer
				and only one party or a witness, concerning the factual or legal issues of an
				administrative hearing which could affect the outcome of the hearing.
(16)
"Director"
means the Chief
				Operating Official of the Oklahoma Department of Transportation.
(17)
"Exhibit"
means document(s)
				or other physical thing(s) formally introduced as evidence at an administrative
				hearing.
(18)
"Filing"
means the formal delivery of documents to the office of the Hearing Liaison
				Officer of the Oklahoma Department of Transportation.
(19)
"Final agency order"
means
				a written determination made by the Director or his designee to decide an
				individual proceeding.
(20)
"Hearing"
means an open, formal meeting conducted by a Presiding
				Officer to decide an appeal. The meeting is to provide each party with an
				opportunity to present evidence in support of the party's side of the
				case.
(21)
"Hearing
				examiner"
means a person appointed by the Director to hold hearings and
				as required render proposed orders.
(22)
"Hearing liaison officer"
means the person appointed by the Director to act as the official repository of
				the records of all hearings conducted under this subchapter and to perform such
				other duties as may be set forth herein.
(23)
"Interrogatories"
means a
				form of discovery consisting of a set of written questions about the subject
				matter of the appeal which are submitted to the other party or a witness.
				Answers to interrogatories shall be made in writing under oath upon order of
				the Presiding Officer unless otherwise agreed to by the parties.
(24)
"Intervenor"
means a person
				or agency permitted to voluntarily enter an administrative appeal as a
				party.
(25)
"Issue"
means a disputed point or question on which the parties to an administrative
				appeal seek a resolution.
(26)
"Motion"
means a request from a party for a ruling or order to be
				made by the Presiding Officer.
(27)
"Notice"
means a written announcement of an action or proposed
				action.
(28)
"Order"
means a command or directive given by the Presiding Officer in an
				administrative appeal.
(29)
"Party"
means a person or agency by whom or against whom an
				administrative appeal is filed and includes a person or agency permitted to
				intervene in an administrative appeal.
(30)
"Petition for appeal"
means
				the formal document filed by a person with the Hearing Liaison Officer whereby
				the person requests a hearing and seeks a remedy.
(31)
"Petition for reconsideration or
				rehearing"
means a formal application filed after the final agency order
				has been made by the Presiding Officer requesting a rehearing or
				reconsideration of the case. A petition for reconsideration or rehearing shall
				state specifically each fact upon which the party relies to request
				reconsideration or rehearing and shall further state each legal theory citing
				specific authority which the party contends mandates rehearing or
				reconsideration.
(32)
"Prehearing conference"
means a meeting conducted by the Presiding
				Officer with the parties or their representatives to identify the issues for
				hearing, present final list of documents, final witness lists and to entertain
				motions not previously ruled upon. The Presiding Officer will issue a
				prehearing order which will guide the Presiding Officer and the parties in the
				conduct of the administrative hearing.
(33)
"Preponderance of evidence"
means information or evidence which is more convincing or believable than the
				information or evidence offered in opposition.
(34)
"Presiding officer"
means
				the Director, his designee to issue final agency orders, or Hearing Examiner
				who will actually conduct the administrative hearing.
(35)
"Proposed order"
means the
				order prepared by the Hearing Examiner at the conclusion of the hearing which
				is submitted to the parties for their consideration.
(36)
"Relevant"
means directly
				related to the issue or issues of the administrative appeal.
(37)
"Remedy"
means corrective
				action sought by the appellant, offered by the respondent, or ordered as a
				result of the hearing.
(38)
"Representative"
means an agent acting on behalf of a
				party.
(39)
"Respondent"
means the party to an administrative hearing against
				whom the petition for administrative hearing is filed.
(40)
"Status conference"
means a
				meeting conducted by the Presiding Officer with the parties to establish
				discovery schedules, motion and briefing schedules, resolve procedural issues
				and to expedite the hearing process.
(41)
"Stipulation"
means a
				voluntary agreement between the parties which establishes a fact.
(42)
"Subpoena and subpoena duces
				tecum"
means an order to appear at a certain time and place to give
				testimony. A Subpoena Duces Tecum additionally requires the person who is
				ordered to appear to produce books, papers and other documents or tangible
				things. A subpoena or subpoena duces tecum shall only issue, or be of any force
				and effect, when approved in writing by the Presiding Officer.
(43)
"Sustain"
means to grant a
				request or to grant the remedy requested in an administrative appeal.
(44)
"Testimony"
means
				statements given by a witness under oath or affirmation.