1. (a) Rules governing; admissibility; objections. The rules of evidence as applied in non-jury, civil cases in the district courts of this State shall be followed in administrative proceedings except when it is necessary to ascertain facts not reasonably susceptible of proof under those rules. In that event, evidence not admissible under the rules of evidence may be admitted, if it is of a type commonly relied on by reasonably prudent persons in the conduct of their affairs. The Administrative Law Judge shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, part or all of the evidence may be received in written form if the hearing will be expedited and the interest of the parties will not be substantially prejudiced.
2. (b) Certification of evidentiary issues. A party to the proceedings who objects to an evidentiary ruling of the Administrative Law Judge may request and obtain certification to the Commission for a decision prior to the issuance of Findings, Conclusions and Recommendations by the Administrative Law Judge.
3. (1) The party requesting Certification of the Issue shall file an Application for Certification of the Issue with the Commission along with a brief in support of the Application. The Application for Certification of the Issue shall be served on the opposing party as well as the Administrative Law Judge who issued the contested ruling.
4. (2) The opposing party may reply to the Application for Certification of the Issue within fifteen (15) days after mailing of the Application.
5. (3) The matter shall be stayed with the Administrative Law Judge, pending the decision on the Application by the Commission.
6. (4) The burden to show the ruling made by the Administrative Law Judge is contrary to law or rule is upon the party seeking the Certification of the Issue.
7. (5) Upon submission of the briefs or at the conclusion of the hearing, if so ordered, the Commission shall determine whether the Administrative Law Judge erred in making the ruling that led to the certification. After the determination is made, the stay will be lifted and the matter will be remanded to the Administrative Law Judge for further proceedings.

Amended at 10 Ok Reg 3819, eff 7-12-93

Amended at 40 Ok Reg 1248, eff 8-11-23

Amended at 41 Ok Reg, Number 22, effective 8-11-24

Amended at 42 Ok Reg, Number 20, effective 7-15-25