Okla. Stat. tit. 75, § 75-316
This is the official text of Okla. Stat. tit. 75, § 75-316, part of Oklahoma’s Stat. tit. 75, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 75,." Browse the sections below, each linked to its official government source.
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Disqualification of hearing examiner or agency member
Official statutory text
A hearing examiner or agency member shall withdraw from any
individual proceeding in which he cannot accord a fair and impartial
hearing or consideration. Any party may request the
disqualification of a hearing examiner or agency member, on the
ground of his inability to give a fair and impartial hearing, by
filing an affidavit, promptly upon discovery of the alleged
disqualification, stating with particularity the grounds upon which
it is claimed that a fair and impartial hearing cannot be accorded.
The issue shall be determined promptly by the administrative head of
the agency, or, if it affects a member or members of the agency, by
the remaining members thereof, if a quorum. Upon the entry of an
Oklahoma Statutes - Title 75. Statutes and Reports Page 79
order of disqualification affecting a hearing examiner, the agency
shall assign another in his stead or shall conduct the hearing
itself. Upon the disqualification of a member of an agency, the
agency shall proceed with the proceeding if a quorum remains. If a
quorum no longer exists, by virtue of the member's disqualification,
the Governor immediately shall appoint a member pro tempore to sit
in place of the disqualified member in that proceeding. In further
action, after the disqualification of a member of an agency, the
provisions of Section 311 of this title shall apply.
individual proceeding in which he cannot accord a fair and impartial
hearing or consideration. Any party may request the
disqualification of a hearing examiner or agency member, on the
ground of his inability to give a fair and impartial hearing, by
filing an affidavit, promptly upon discovery of the alleged
disqualification, stating with particularity the grounds upon which
it is claimed that a fair and impartial hearing cannot be accorded.
The issue shall be determined promptly by the administrative head of
the agency, or, if it affects a member or members of the agency, by
the remaining members thereof, if a quorum. Upon the entry of an
Oklahoma Statutes - Title 75. Statutes and Reports Page 79
order of disqualification affecting a hearing examiner, the agency
shall assign another in his stead or shall conduct the hearing
itself. Upon the disqualification of a member of an agency, the
agency shall proceed with the proceeding if a quorum remains. If a
quorum no longer exists, by virtue of the member's disqualification,
the Governor immediately shall appoint a member pro tempore to sit
in place of the disqualified member in that proceeding. In further
action, after the disqualification of a member of an agency, the
provisions of Section 311 of this title shall apply.
Status: in_force · Read it on the official government site
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