Okla. Admin. Code § 195:3-1-6 - Procedure for hearings
(a) The hearing
shall be conducted under the Administrative Procedures Act of the Oklahoma
statutes and shall be presided over by the President of the Board, with the
assistance of the judicial counsel the President shall designate a member of
the Board to preside at the hearing in the case of absence or conflict. The
rules of evidence used during the hearing shall be those specified by the
Administrative Procedures Act. Witnesses shall be sworn upon oath and are
subject to cross-examination. The President of the Board shall rule upon the
admissibility of evidence or objections thereto, or upon other motions or
objections arising in the hearing. The rulings of the President, in all
questions, shall be the rulings of the Board unless reversed or modified by a
majority vote of the Board.
(b) The
Board may utilize the services and advice of the judicial counsel regarding any
matter of evidence, law, or procedure in the conduct of the hearing. All
decisions concerning objections or procedure shall be made by the presiding
Board member. A Board Attorney shall act as Special Prosecutor for the Board
although any Board member may inquire of any witness concerning matters deemed
relevant and competent and not otherwise offered into evidence.
(c) The Board shall admit and give probative
effect all competent, relevant, and probative evidence, both oral and
documentary, which tends to prove or disprove the allegations of the complaint.
The board may exclude incompetent, irrelevant, immaterial and unduly
repetitious evidence. The Board shall, insofar as possible, give effect to the
fundamental rules of evidence recognized in courts of law. True copies of
documents may be received if the original is unavailable. The Board is
possessed of specialized knowledge, and such knowledge will be utilized along
with all the evidence in arriving at a decision, when the complaint or
investigation involves questions calling for such specialized knowledge. The
standard of proof upon the Board in such hearing is by clear and convincing
evidence.
(d) Whenever all the
evidence has been presented, the respondent shall be afforded an opportunity to
be heard in argument relative to the matters in issue.
Notes
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