2017 Oklahoma Statutes
Title 74. State Government
§74-840-6.7. Hearing procedure.

All hearings held pursuant to the Oklahoma Personnel Act shall be conducted in accordance with the following provisions:

A. Prehearing Conferences

1. A prehearing conference may be held on all appeals set for hearing.

2. The prehearing conference may be conducted by the assigned administrative hearing officer, who may take an active part in the conference. The conference shall be informal, and shall not be open to the public. Each party may be represented by a designated individual who has knowledge of the case.

3. All discovery shall be completed at the prehearing conference. Thereafter, discovery may be conducted only where authorized by the administrative hearing officer where good cause is shown.

4. Copies of all documents or exhibits submitted to the administrative hearing officer must be submitted to the adverse party.

5. At the prehearing conference, the parties shall be required to:

a.identify which allegations are admitted and which are denied; and

b.submit a joint statement of the facts which are agreed and the issues to be decided; and

c.submit a list of their witnesses, exhibits, and documents to be offered into evidence; and

d.confer in regard to settlement; and

e.perform any other acts which will facilitate the prehearing conference or the hearing.

6. The administrative hearing officer shall:

a.determine the facts to which the parties agree and the issues to be decided; and

b.hear all pending motions; and

c.consider any other matters which will aid in the fair and prompt disposition of the appeal, including the possibility of settlement; and

d.prepare a prehearing conference order which shall record the actions taken, the agreements reached, and the issues to be decided. The order shall control the subsequent course of the hearing.

B. Hearings

All hearings shall be open to the public, and shall only be conducted by an administrative hearing officer appointed by the Executive Director. The hearing shall be conducted in accordance with the Administrative Procedures Act of the Oklahoma Statutes, except that if any party chooses to designate a representative, the representative shall not be required to be an attorney. All administrative hearing officers shall serve at the pleasure of the Executive Director for such compensation as may be provided.

Each party shall have the right to present witnesses in his behalf and evidence to support his position.

The appointing authority concerned, or a designee, shall appear in person and shall present the position of the agency in the personnel action. The administrative hearing officers shall rule upon the questions of admissibility of evidence, competency of witnesses, and any other question of law upon which they have jurisdiction as provided in the Oklahoma Personnel Act and the rules promulgated thereunder.

Within ten (10) calendar days after said hearing, the administrative hearing officer shall prepare findings of fact and conclusions of law. The Executive Director shall notify the appellant and the appointing authority of the decision of the administrative hearing officer by certified mail within five (5) calendar days of the receipt of the decision of the administrative hearing officer.

The findings of the administrative hearing officer shall be final regarding all questions of law within their jurisdiction except as provided in the Administrative Procedures Act. After exhausting all remedies under the Administrative Procedures Act, either party to an appeal of demotion, suspension, or discharge may appeal to district court within thirty (30) calendar days.

Added by Laws 1984, c. 242, § 4, operative July 1, 1984. Amended by Laws 1986, c. 158, § 20, operative July 1, 1986. Renumbered from § 841.13A of this title by Laws 1994, c. 242, § 54. Amended by Laws 1995, c. 310, § 19, emerg. eff. June 5, 1995.