340:2-5-71. Presence of Oklahoma Department of Human Services (OKDHS) employees or OKDHS records at hearings
(a) An administrative hearing officer (AHO), at the request of a client, authorized representative, or on his or her own motion, may require the presence at a hearing of:
(1) a OKDHS employee;
(2) OKDHS records; and
(3) other OKDHS evidence.
(b) A client's request for the presence of a OKDHS employee, OKDHS documents, or other evidence, is granted by the AHO only when the client shows that the presence of the OKDHS employee or evidence is:
(1) relevant to the issues involved in the hearing;
(2) necessary for determination of the issue; and
(3) not otherwise obtainable by the client.
(c) When the AHO determines that a OKDHS employee, or OKDHS evidence, must be present at the hearing, the AHO gives notice to the OKDHS employee, or office where the evidence is located the:
(1) date, time, and location of the hearing; and
(2) employee's name, records, or other evidence that must be present.
(d) When, without good cause, the OKDHS employee fails to appear or OKDHS fails to produce the needed records or evidence, the AHO may:
(1) decide the case as if the missing evidence was as the client asserted, if the client's assertion is reasonable; or
(2) continue the hearing so the missing testimony or evidence may be produced.
1.An administrative hearing officer (AHO) does not have the authority to issue subpoenas for, or require the presence of, individuals not employed by the Oklahoma Department of Human Services (OKDHS) or production of evidence at the hearing that is not in the possession of OKDHS.