OSCN Found Document:Individual Proceedings - Notice - Hearing
Title 75. Statutes and Reports
A. In an individual proceeding, all parties shall be afforded an opportunity for hearing after reasonable notice.
B. The notice shall include:
1. A statement of the time, place and nature of the hearing;
2. A statement of the legal authority and jurisdiction under which the hearing is to be held;
3. A reference to the particular sections of the statutes and rules involved; and
4. A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished.
C. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
D. Deliberations by administrative heads, hearing examiners, and other persons authorized by law may be held in executive session pursuant to paragraph 8 of subsection B of Section 307 of Title 25 of the Oklahoma Statutes.
E. Unless precluded by law, informal disposition may be made of any individual proceeding by stipulation, agreed settlement, consent order, or default.
F. The record in an individual proceeding shall include:
1. All pleadings, motions and intermediate rulings;
2. Evidence received or considered at the individual proceeding;
3. A statement of matters officially noticed;
4. Questions and offers of proof, objections, and rulings thereon;
5. Proposed findings and exceptions;
6. Any decision, opinion, or report by the officer presiding at the hearing; and
7. All other evidence or data submitted to the hearing examiner or administrative head in connection with their consideration of the case provided all parties have had access to such evidence.
G. Oral proceedings shall be electronically recorded. Such recordings shall be maintained for such time so as to protect the record through judicial review. Copies of the recordings shall be provided by the agency at the request of any party to the proceeding. Costs of transcription of the recordings shall be borne by the party requesting the transcription. For judicial review, electronic recordings of an individual proceeding, as certified by the agency, may be submitted to the reviewing court by the agency as part of the record of the proceedings under review without transcription unless otherwise required to be transcribed by the reviewing court. In such case, the expense of transcriptions shall be taxed and assessed against the nonprevailing party. Parties to any proceeding may have the proceedings transcribed by a court reporter at their own expense.
H. Findings of fact shall be based exclusively on the evidence received and on matters officially noticed in the individual proceeding unless otherwise agreed upon by the parties on the record.
Historical Data
Laws 1963, HB 865, c. 371, � 9; Amended by Laws 1992, HB 2369, c. 310, � 8, emerg. eff. July 1, 1992; Amended by Laws 1994, HB 2447, c. 384, � 12, emerg. eff. July 1, 1994.
Citationizer� Summary of Documents Citing This Document
Cite |
Name |
Ebene |
Oklahoma Attorney General's Opinions |
| Cite | Name | Ebene |
| 2003 OK AG 32, | Question Submitted by: The Honorable Joe Dorman, State Representative, District 65 | Discussed at Length |
| 2009 OK AG 30, | Question Submitted by: Kevin L. Ward, Commissioner, Oklahoma Department of Public Safety | Cited |
| 2023 OK AG 1, | Question Submitted by: The Honorable Glen Mulready, Insurance Commissioner, Oklahoma Insurance Dept. | Cited |
| 1981 OK AG 29, | Question Submitted by: Mr. James H. Page, Executive Director, Oklahoma Employment Security Commission | Cited |
| 1981 OK AG 5, | Question Submitted by: Bill J. Horne, Director, Chairman, Oklahoma State Board of Public Accountancy | Discussed at Length |
| 1985 OK AG 11, | Question Submitted by: The Honorable Gerald Grimes, State Insurance Commissioner | Cited |
| 1988 OK AG 112, | Question Submitted by: The Honorable Ted R. Limke, Director, Oklahoma State Bureau of Investigation | Cited |
| 1995 OK AG 30, | Question Submitted by: The Honorable Don Williams, Oklahoma State Senate, District | Cited |
| 1996 OK AG 76, | Question Submitted by: The Honorable Ben Brown, State Senator, District 43 | Discussed |
Oklahoma Court of Civil Appeals Cases |
| Cite | Name | Ebene |
| 1995 OK CIV APP 14, 891 P.2d 614, 66 OBJ 888, | Barnes v. University of Oklahoma | Discussed |
| 2010 OK CIV APP 73, 239 P.3d 973, | LAMB v. STATE ex rel. PROTECTIVE HEALTH SERVICES OF THE STATE HEALTH DEPT. | Discussed |
| 2013 OK CIV APP 11, 295 P.3d 610, | CAVETT v. STATE ex rel. STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS | Cited |
| 2013 OK CIV APP 46, 301 P.3d 885, | MOORE v. OKLAHOMA EMPLOYMENT SECURITY COMMISSION | Discussed |
| 2016 OK CIV APP 38, 377 P.3d 153, | TINKER FEDERAL CREDIT UNION v. AAAA WRECKER SERVICE, INC. | Cited |
| 2019 OK CIV APP 17, 437 P.3d 1074, | CITIZENS FOR THE PROTECTION OF THE ARBUCKLE-SIMPSON AQUIFER v. OKLA. DEPT. OF MINES | Discussed |
| 1983 OK CIV APP 63, 672 P.2d 323, | Russell v. State ex rel. Grimes | Cited |
Oklahoma Supreme Court Cases |
| Cite | Name | Ebene |
| 1991 OK 134, 825 P.2d 1305, 63 OBJ 13, | State ex rel. Henry v. Southwestern Bell Telephone Co. | Cited |
| 1992 OK 22, 827 P.2d 1314, 62 OBJ 3115, | Lincoln Bank and Trust Co. v. Oklahoma Tax Com'n | Cited |
| 1993 OK 113, 868 P.2d 676, 4 OBJ 2845, | DuLaney v. Oklahoma State Dept. of Health | Discussed at Length |
| 1994 OK 38, 873 P.2d 1001, 65 OBJ 1340, | Southwestern Bell Telephone Co. v. Oklahoma Corp. Comm. | Discussed at Length |
| 2002 OK 42, 54 P.3d 1010, | UNITED STATES FIDELITY & GUARANTY CO. v. STATE EX. REL. OKLAHOMA TAX COMMISSION | Cited |
| 1970 OK 42, 480 P.2d 920, | GAMMILL v. SHACKELFORD | Cited |
| 2008 OK 64, 188 P.3d 148, | ASHIKIAN v. STATE ex rel. OKLAHOMA HORSE RACING COMM. | Cited |
| 2011 OK 89, 264 P.3d 1251, | THOMPSON v. STATE ex rel. BD. OF TRUSTEES OF OKLA. PUBLIC EMPLOYEES RETIREMENT SYSTEM | Discussed |
| 2013 OK 14, 297 P.3d 378, | STATE ex rel. BOARD OF REGENTS OF THE UNIVERSITY OF OKLAHOMA v. LUCAS | Cited |
| 2020 OK 83, 475 P.3d 834, | PURCELL v. PARKER | Discussed |
| 2021 OK 31, 489 P.3d 36, | STATE ex rel. OKLA. STATE BD. OF MEDICAL LICENSURE AND SUPERVISION v. RIVERO | Discussed at Length |
| 1969 OK 202, 461 P.2d 610, | ROBBINS v. OKLAHOMA ALCOHOLIC BEVERAGE CONTROL BD | Cited |
| 2022 OK 79, 518 P.3d 531, | WESTERN HEIGHTS INDEPENDENT SCHOOL DISTRICT v. STATE | Cited |
| 1982 OK 60, 645 P.2d 1011, | Grand River Dam Authority v. State | Cited |
Title 18. Corporations |
| Cite | Name | Ebene |
| 18 O.S. 381.24d, | Consumer Banking Electronic Facilities - Written Notice - Operation - Federal Savings Associations | Cited |
| 18 O.S. 381.61, | Merger or Consolidation | Cited |
Title 63. Public Health and Safety |
| Cite | Name | Ebene |
| 63 O.S. 2-305, | Order Stating Nature of the Violation Before Action - Authorize Administrative Proceeding - Order for Immediate Action - Administrative Penalty - Prohibition from Reapplying | Cited |
Title 75. Statutes and Reports |
| Cite | Name | Ebene |
| 75 O.S. 320, | Transmission of Record to Reviewing Court - Stipulations | Cited |
Citationizer: Table of Authority