1. (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. (1) a DHS employee;
   2. (2) DHS records; and
   3. (3) other DHS evidence.

2. (b) A client's request for the presence of a DHS employee, DHS documents, or other evidence, is granted by the AHO only when the client shows that the presence of the DHS employee or evidence is:

   1. (1) relevant to the issues involved in the hearing;
   2. (2) necessary for determination of the issue; and
   3. (3) not otherwise obtainable by the client.

3. (c) When the AHO determines that a DHS employee, or DHS evidence, must be present at the hearing, the AHO gives notice to the DHS employee, or office where the evidence is located the:

   1. (1) date, time, and location of the hearing; and
   2. (2) employee's name, records, or other evidence that must be present.

4. (d) When, without good cause, the DHS employee fails to appear or DHS fails to produce the needed records or evidence, the AHO may:

   1. (1) decide the case as if the missing evidence was as the client asserted, if the client's assertion is reasonable; or
   2. (2) continue the hearing so the missing testimony or evidence may be produced.

Added at 19 Ok Reg 2199, eff 6-27-02

Amended at 31 Ok Reg 1820, eff 9-15-14