{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-72","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-72","heading":"Conduct of Hearing or Inquiry - Public hearings -","body":"Evidence.\n\nA. Conduct of Hearing or Inquiry.\n\n1. In making an investigation or inquiry or conducting a\n\nhearing, the administrative law judges and the Commission shall not\n\nbe bound by technical or statutory rules of evidence or by technical\n\nor formal rules of procedure, except as provided by this act. The\n\nadministrative law judges and the Commission may make such\n\ninvestigation or inquiry, or conduct the hearing, in a manner as\n\nshall best ascertain the rights of the parties.\n\n2. Declarations of a deceased employee concerning the injury\n\nmay be received in evidence and may, if corroborated by other\n\nevidence, be sufficient to establish the injury.\n\n3. When deciding any issue, administrative law judges and the\n\nCommission shall determine, on the basis of the record as a whole,\n\nwhether the party having the burden of proof on the issue has\n\nestablished the proof by a preponderance of evidence.\n\n4. Administrative law judges are required to make specific, on-\n\nthe-record findings of ultimate facts responsive to the issues\n\nshaped by the evidence as well as conclusions of law on which its\n\njudgment is to be rested.\n\nB. Hearings to be Public - Records.\n\n1. a. Hearings before the Commission shall be open to the\n\npublic and shall be stenographically reported. The\n\nCommission is authorized to contract for the reporting\n\nof the hearings.\n\nb. The Commission shall, by rule, provide for the\n\npreparation of a record of all hearings and other\n\nproceedings before it.\n\n2. The Commission shall not be required to stenographically\n\nreport or prepare a record of joint petition hearings. The\n\nadministrative law judge or legal advisor shall record the hearing\n\nat no cost to the parties.\n\nC. Introduction of Evidence.\n\n1. All oral evidence or documentary evidence shall be presented\n\nto the designated representative of the Commission at the initial\n\nhearing on a controverted claim. The oral evidence shall be\n\nstenographically reported. Each party shall present all evidence at\n\nthe initial hearing. Further hearings for the purpose of\n\nintroducing additional evidence shall be granted only at the\n\ndiscretion of the hearing officer or Commission. A request for a\n\nhearing for the introduction of additional evidence shall show the\n\nsubstance of the evidence desired to be presented.\n\n2. a. Any party proposing to introduce medical reports or\n\ntestimony of physicians at the hearing of a\n\ncontroverted claim shall, as a condition precedent to\n\nthe right to do so, furnish to the opposing party and\n\nto the Commission copies of the written reports of the\n\nphysicians of their findings and opinions at least\n\nseven (7) days before the date of the hearing. If no\n\nwritten reports are available to a party, the party\n\nshall notify in writing the opposing party and the\n\nCommission of the name and address of the physicians\n\nproposed to be used as witnesses and the substance of\n\ntheir testimony at least seven (7) days before the\n\nhearing.\n\nb. If the opposing party desires to cross-examine the\n\nphysician, he or she should notify the party who\n\nsubmits a medical report to him or her as soon as\n\npracticable, in order that he or she may make every\n\neffort to have the physician present for the hearing.\n\n3. A party failing to observe the requirements of this\n\nsubsection may not be allowed to introduce medical reports or\n\ntestimony of physicians at a hearing, except in the discretion of\n\nthe hearing officer or the Commission.\n\n4. The time periods may be waived by the consent of the\n\nparties.\n\nD. Expert testimony shall not be allowed unless it satisfies\n\nthe requirements of Federal Rule of Evidence 702 with annotations\n\nand amendments.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"826ea9ec7bf5185a5e6e0ad579e770f33ac0ec6f5285b646fd4c2e196a4f5591","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-71","next":"us-ok/okla.-stat.-tit.-85a-85a-73"},"notice":"GroundRules: Original legal text. Not legal advice."}