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. (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:

   1. (A) a particular DHS employee;
   2. (B) DHS records; or
   3. (C) other evidence in the possession of DHS.

2. (2) A resource family's request for the presence of a DHS employee, DHS records, or other evidence, is granted by the AHO only if the resource family shows that the presence of the DHS employee or evidence is:

   1. (A) relevant to the issues involved in the hearing;
   2. (B) necessary for determination of the issues; and
   3. (C) not confidential pursuant to state or federal law.
3. (3) If the AHO determines that a DHS employee needs to be present, or the records or evidence in DHS possession are to be produced at the hearing, the AHO gives notice to the DHS employee or office where the evidence is located of the date, time, and location of the hearing.

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