Oklahoma § 6-308 - Hearing before Commissioner

§ 6-308. Hearing before Commissioner

A. Notice. When a hearing is permitted before the

Commissioner, the Commissioner shall notify interested persons of

the date, time and place at which an opportunity to be heard shall

Oklahoma Statutes - Title 6. Banks and Trust Companies

be afforded. Interested persons shall include the applicant, the

persons requesting a hearing and other persons who have submitted

written comments and objections to the Commissioner.

B. Participation in the hearing. Within ten (10) days after

the date of notice of hearing, each person desiring to be heard

shall notify the Commissioner of such person's intention to

participate in the hearing. At least five (5) days prior to the

hearing, each participant shall submit to the Commissioner and the

applicant a list of witnesses and copies of each exhibit to be

offered as the Commissioner may require. Any participant who fails

to comply with these deadlines shall be prohibited from

participation in the hearing.

C. Presiding officer. The presiding officer at the hearing

shall be the Commissioner or the designee of the Commissioner. The

presiding officer shall have the authority to appoint a panel to

assist the presiding officer.

D. Order of presentation.

1. Opening statements. The applicant and each other

participant shall make an opening statement. The length of such

statements shall be within the discretion of the presiding officer.

2. Applicant's presentation. Following the opening statements,

the applicant shall present any data and materials, oral or

documentary of the applicant.

3. Other presentations. Following the applicant's

presentation, other interested persons may present their views with

respect to the application under consideration.

4. Summary statements. After all the above presentations have

been concluded, the participants may make short and concise summary

statements reviewing their positions.

E. Witnesses. The obtaining of witnesses is the responsibility

of the participants. All witnesses will be present of their own

volition, but any person appearing as a witness may be subject to

questioning by any participant, by the presiding officer or by any

member of the panel. The refusal of a witness to answer questions

may be considered by the presiding officer in determining the weight

to be accorded the testimony of that witness. Witnesses shall not

be sworn.

F. Evidence. The presiding officer shall have the authority to

exclude witnesses, evidence, data or materials which the presiding

officer deems to be improper, irrelevant, or duplicitous. Formal

rules of evidence shall not be applicable to these hearings.

Documentary material must be of a size consistent with ease of

handling, transportation and filing, and must be provided for each

participant by the party presenting such evidence. While large

exhibits may be used during the hearing, copies of such exhibits

must be provided by the party in reduced size for submission as

Oklahoma Statutes - Title 6. Banks and Trust Companies

evidence. Ten copies of all such documentary evidence shall be

furnished to the Commissioner.

G. Procedural questions. The presiding officer or any

designated member of the assisting panel shall determine all

procedural questions. The Commissioner and the presiding officer

shall each have the authority to limit the number of witnesses to be

called by each participant and to impose such time limitations as

they shall deem reasonable.

H. Transcript. If the proceedings of the hearing are recorded

by a court reporter, a transcript of the hearing shall be made. The

party requesting the hearing may arrange for a court reporter to be

present to record the proceedings. All expenses of the reporter,

including the furnishing of two copies of the transcript to the

Commissioner, shall be borne by the person or persons requesting the

opportunity to be heard. In the event the Commissioner orders a

hearing when no request is submitted, expenses shall be borne by the

applicant.

I. The record. The record of these proceedings shall include

the charter application file described in Section 309 of this title,

all documentary evidence presented at the hearing and any

transcript.

Added by Laws 1982, c. 204, § 9. Amended by Laws 1997, c. 111, §

27, eff. July 1, 1997; Laws 2002, c. 67, § 8, eff. Nov. 1, 2002;

Laws 2005, c. 48, § 8, eff. Nov. 1, 2005.