Rules Governing Admission to the Practice of Law in the State of Oklahoma
Chapter 1, App. 5
Rule 11. Hearing as to Fitness.

Section 1. Should the Board of Bar Examiners determine to refuse to grant approval to an applicant to take the bar examination, or to refuse to grant an applicant admission to practice without examination, or to refuse to recommend any applicant for admission to practice on any ground except failure to pass the bar examination, then a written notice shall be mailed to such applicant stating the section (or sections) under Rule One upon which the refusal is based. The notice must adequately inform the applicant of the nature of the evidence against him, although the Board need not list every item and source of information upon which it relies in rejecting the applicant. The initial rejection notice may be modified by the Board prior to the hearing provided for in Section 2 of this Rule as long as the applicant has sufficient opportunity to fairly meet the evidence to be introduced against him. Subject to the foregoing, the refusal notice puts in issue all matters which may relate, directly or indirectly, to the applicant's eligibility to practice law in the State of Oklahoma.

Section 2. In the event the applicant wishes to take issue with the Board's decision, applicant shall be entitled to a hearing before the Board by delivering a written request for a hearing to the Board within twenty (20) days after the notice of refusal has been mailed to the applicant. The applicant shall have the right to be represented by counsel, and present evidence, at the time and place fixed by the Board for the hearing. In connection with the hearing, the Board shall have the power to take and hear testimony, administer oaths and affirmations, and, at the request of the applicant or the Board, the Clerk of the Supreme Court of Oklahoma shall issue subpoenas for witnesses and subpoena duces tecum.

Section 3. The Board shall have the power to order a hearing on its own motion either before or after it takes action on any application.

Section 4. The Board shall furnish a certified court reporter to transcribe all proceedings at a hearing under this Rule. However, if the applicant desires a transcript of the proceedings, he or she shall order the transcript from the court reporter at applicant's own expense, and a copy shall be furnished the Board at the appellant's expense.

Section 5. For hearings held under this Rule, a quorum shall consist of five members of the Board of Bar Examiners including the chairman or acting chairman. Any decision must be made by a majority of the members present excluding the chairman who is not a voting member except in the case of a tie vote.

Section 6. The Board's decision upon such hearing shall be made in writing and shall, upon request prior to the commencement of hearing, contain findings of fact and conclusions of law and a copy thereof shall be served upon the applicant or applicant's attorney. An aggrieved party may appeal to the Supreme Court from an adverse decision made pursuant to this Rule Eleven by filing twelve copies of a Notice of Appeal with the Clerk of the Supreme Court of Oklahoma and one copy of a Notice of Appeal with the Board of Bar Examiners. The Notice of Appeal shall set forth the facts and reasons on which it is based and the applicant shall attach to the notice a copy of the findings of fact and conclusions of law made by the Board of Bar Examiners. At the same time the Notice of Appeal is filed, the applicant shall also file a good and sufficient cost bond to be approved by the Clerk of the Supreme Court in an amount sufficient to defray the costs of the appeal, including transcript. The Notice of Appeal and cost bond shall be filed by the applicant with the Clerk of the Supreme Court within thirty (30) days after the Board's order has been served upon applicant. Within sixty (60) days after the Court Reporter has advised the applicant and the Board that the transcript of the Rule Eleven hearing has been completed, the applicant must file twelve copies of applicant's Brief in Chief in support of applicant's request for relief with the Clerk of the Supreme Court and one copy of applicant's Brief in Chief with the Administrative Director of the Board of Bar Examiners. Within forty (40) days after receipt of the applicant's Brief in Chief the Board must file its Answer Brief with the Clerk of the Supreme Court. Within thirty (30) days after receipt of the Board's Answer Brief, the applicant may file a Reply Brief with the Clerk of the Supreme Court.

Section 7. The burden of establishing eligibility for admission to the Bar of this state, to registration as a law student, or to take an examination, shall rest on the applicant at all stages of the proceedings.

Adopted March 26, 1990, effective May 26, 1990.