Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 40 - Employee Benefits Department › Subchapter 5 - Formal and Informal Procedures › Section 260:40-5-13 - Individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a) The EBD
				follows the provisions of Article II of the Administrative Procedures Act,
				Sections
				309
				through
				323
				of Title 75 of the Oklahoma Statutes, and this Chapter. The EBD or a person
				named as the Hearing Examiner shall conduct hearings. This section does not
				apply to public hearings to receive comments on proposed rules or to the EBD's
				selection of contractors or benefit providers.
(b) The Director shall set the date for the
				hearing and shall send notice of the hearing to all parties.
(c) All hearings shall be held before the EBD
				or a Hearing Examiner designated by the Director. The Director may set cases
				for original hearing by the EBD upon his determination of special policy
				considerations for the EBD. The EBD may agree to hear any part or all of the
				matter or direct any part or all of the matter to the Hearing Examiner for a
				hearing.
(d) Rulings on
				admissibility of evidence shall be made by the EBD Chairperson or Hearing
				Examiner. The remaining quorum of the EBD may overrule the Chairperson's
				decision on their own motion or upon motion of any party to the hearing. Formal
				rules of evidence shall not be used. The agency may admit and give effect to
				documents, testimony, and other evidence which tend to prove or disprove facts
				as commonly accepted.
(e) The
				Chairperson or Hearing Examiner shall have the authority to administer oaths;
				and the Director or designated Hearing Examiner for the EBD shall have the
				authority to issue subpoenas for witnesses or subpoenas duces tecum to compel
				the production of books, records, papers and other objects. These subpoenas may
				be served by any duly qualified officer of the law, any employee of the EBD, or
				other person in any manner prescribed for the service of a subpoena in a civil
				action.
(f) All hearings shall be
				electronically recorded by the presiding officer. Any party may obtain a copy
				of the recording under OAC 260:40-3-7.
(g) Any party may request a full stenographic
				record of the proceedings be made by a certified court reporter. The party
				requesting the court reporter shall be required to post an appropriate cash
				deposit and shall remain responsible for the full cost of the court reporter.
				If transcribed, this record shall be a part of the EBD's record of the hearing.
				A copy of the record shall be furnished to any other party having a direct
				interest in the hearing at the expense of the party requesting the
				copy.
(h) In all hearings,
				opportunity to respond and present evidence and argument on all issues involved
				shall be provided to all requesting parties. The hearing shall be conducted in
				an orderly manner. The party or parties requesting the hearing shall 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, subject to reasonable time limits set by the EBD or the Hearing
				Examiner.