Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 10 - Practice and Procedure › Subchapter 5 - Hearings Conducted by Administrative Law Judges and Commissioners › Part 5 - PREHEARING PROCEEDINGS › Section 810:10-5-31 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
(a)
Generally.
Discovery in administrative proceedings before the
				  Commission is governed by the Oklahoma Rules of Civil Procedure, unless
				  otherwise specified in this Section.
(b)
Authority of the Administrative Law
				  Judge.
Any party may commence with discovery methods such as
				  depositions, issuance of subpoenas and requests for production, prior to or
				  after invoking the jurisdiction of the Administrative Law Judge. Discovery
				  disputes may be resolved by filing a CC-Form-13 requesting a prehearing
				  conference. The Administrative Law Judge, upon the judge's own motion or on the
				  motion of either party, may permit or perform such discovery or other
				  appropriate action as the judge decides is appropriate in the circumstances,
				  taking into account the needs of the parties to the proceeding and other
				  affected persons and the desirability of making the proceeding fair,
				  expeditious, and cost-effective. If discovery is permitted or performed, the
				  Administrative Law Judge may order a party to the proceeding to comply with the
				  judge's discovery-related orders, issue subpoenas for the attendance of a
				  witness and for the production of records and other evidence at a discovery
				  proceeding, including a deposition, and take action against a noncomplying
				  party as appropriate and consistent with 85A O.S. § 73(B) and 85A O.S.
				  § 83(B).
(c)
Protective
				  orders.
The Commission may issue a protective order to prevent the
				  disclosure of privileged information, confidential information, trade secrets,
				  and other information protected from disclosure to the extent a court could if
				  the controversy were the subject of a civil action in this state, including any
				  orders with respect to subpoenas and attendance of a witness as may be
				  appropriate for the protection of persons, including an order quashing a
				  subpoena, excusing attendance of witnesses, or limiting documents to be
				  produced.
(d)
Subpoenas;
				  costs; fees; service.
(1) When a
				  witness is required to appear or to produce documentary evidence, a subpoena
				  shall be issued by an attorney authorized to practice law in Oklahoma or under
				  the seal of the Clerk of the Commission. The party requesting the subpoena
				  under the seal of the Commission shall fill it in before issuance. The subpoena
				  may be served by certified mail with return receipt requested or it may be hand
				  delivered. The party requesting the subpoena shall bear the cost of serving it.
				  Except as otherwise provided by law or this Title for physician testimony, fees
				  of a nonparty witness who is subpoenaed to appear before the Commission shall
				  be the same as those allowed to witnesses appearing before the district courts
				  of this state. Party witnesses are not entitled to witness fees.
(2) The party who takes the deposition of a
				  witness or of a party shall bear all expenses thereof, including the cost of
				  transcription, except as otherwise provided in 85A O.S., § 112(J) and
				  810:10-5-49.