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
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. Added by Laws 1963, c. 371, § 16. Amended by Laws 1997, c. 206, § 23, eff. Nov. 1, 1997; Laws 1998, c. 62, § 2, eff. Nov. 1, 1998.
Notes of Decisions
Sw. Bell Tel. Co. v. Oklahoma Corp. Comm'n, 873 P.2d 1001 (Okla. 1994).
· cites it 4× “For the pertinent terms of 75 O.S.1991 § 316, see infra note 96. . For a discussion of the federal fundamental-law replacement mechanism, see Part III, infra.”
Johnson v. Bd. of Governors of Registered Dentists, 913 P.2d 1339 (Okla. 1996).
· cites it 2× “" Okla.Stat. tit. 75, § 316 (1991). "When circumstances and conditions surrounding litigation are of such a nature that they might cast doubt and question as to the impartiality of any judgment the trial judge may pronounce, said judge should certify his disqualification.”
Roussel v. State ex rel. Grimes, 614 P.2d 53 (Okla. 1980).
· cites it 2× “The applicable portions of 75 O.S. § 316 provide: “. . . Upon the entry of an order of disqualification affecting a hearing examiner, the agency shall assign another in his stead or shall conduct the hearing itself.”
Wilson v. Oklahoma Horse Racing Comm'n, 910 P.2d 1020 (Okla. 1996).
· cites it 2× “Title 75 O.S.1991 § 316 provides: “A hearing examiner or agency member shall withdraw from any individual proceeding in which he cannot accord a fair and impartial hearing or consideration.”
Lowrey v. Hodges, 555 P.2d 1016 (Okla. 1976).
“Furthermore, the Appellees never sought to disqualify the hearing examiner under 75 O.S.1971 § 316 for inability to give a fair and impartial hearing.”
Tulsa Classroom Teachers Ass'n v. State Bd. of Equalization, 601 P.2d 99 (Okla. 1979).
“3 The APA by implication provides for hearings by hearing examiners pursuant to 75 O.S.1971 § 316, and § 311 recognizes that there may *102 be a subdelegation to a hearing examiner to take testimony and hear evidence.”
Robbins v. Oklahoma Alcoholic Beverage Control Bd., 461 P.2d 610 (Okla. 1969).
“Appellants rely upon 75 O.S.1961, § 316, which states, in part: “ * * * Any party may request the disqualification * * * by filing an affidavit, promptly upon discovery of the alleged disqualification, * * *.”
Leo v. Oklahoma Water Resources Bd., 2023 OK 96, 536 P.3d 939.
· cites it 3× “75 O.S.2011, § 316 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…”
Leo v. Oklahoma Water Resources Bd., 2023 OK 96, 536 P.3d 939.
· cites it 3× “75 O.S.2011, § 316 specifies the procedure for raising an undue influence issue: 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…”
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