Library: Policy

340:2-5-99. Presence of Department of Human Services (OKDHS) employees or OKDHS records

Issued 06-27-02

An administrative hearing officer (AHO) does not have the authority to issue subpoenas for the presence of witnesses or production of evidence at hearings.

• (1) An AHO, at the request of a resource family, authorized representative, or on his or her own motion, may require the presence or production at a hearing of:
  • (A) a particular OKDHS employee;
  • (B) OKDHS records; or
  • (C) other evidence in the possession of OKDHS.
• (2) A resource family's request for the presence of a OKDHS employee, OKDHS records, or other evidence, is granted by the AHO only if the resource family shows that the presence of the OKDHS employee or evidence is:
  • (A) relevant to the issues involved in the hearing;
  • (B) necessary for determination of the issues; and
  • (C) not confidential pursuant to state or federal law.
• (3) If the AHO determines that a OKDHS employee needs to be present, or the records or evidence in OKDHS possession are to be produced at the hearing, the AHO gives notice to the OKDHS employee or office where the evidence is located of the date, time, and location of the hearing.