A. 1. The agency conducting any individual proceeding or investigation shall have power to require the furnishing of such information, the attendance of such witnesses, and the production of such books, records, papers or other objects as may be necessary and proper for the purposes of the proceeding or investigation.
2. The agency, or any party to a proceeding before it, may take the depositions of witnesses, within or without the state, in the same manner as is provided by law for the taking of depositions in civil actions in courts of record. Depositions so taken shall be admissible in any proceeding affected by this act. Provided, however, all or any part of the deposition may be objected to at time of hearing, and may be received in evidence or excluded from the evidence by the agency or individual conducting the hearing in accordance with the law with reference to evidence in this act or with reference to evidence in courts of record under the law of the State of Oklahoma.
B. In furtherance of the powers granted by subsection A of this section, any agency, administrative head, hearing examiner or any other duly authorized member or employee thereof, upon its own motion may, and upon the request of any party appearing in an individual proceeding shall:
1. Issue subpoenas for witnesses;
2. Issue subpoenas duces tecum to compel the production of books, records, papers or other objects, which may be served by the marshal of the agency or by any person in any manner prescribed for the service of a subpoena in a civil action; or
3. Quash a subpoena or subpoenas duces tecum so issued; provided, prior to quashing a subpoena or subpoenas duces tecum the agency shall give notice to all parties. A subpoena or subpoenas duces tecum may not be quashed if any party objects.
C. 1. In case of disobedience to any subpoena issued and served under this section or to any lawful agency requirement for information, or of the refusal of any person to testify to any matter regarding which he or she may be interrogated lawfully in a proceeding before an agency, the agency may apply to the district or superior court of the county of such person's residence or to any judge thereof for an order to compel compliance with the subpoena or the furnishing of information or the giving of testimony. Forthwith the court or the judge shall cite the respondent to appear and shall hear the matter as expeditiously as possible.
2. If the disobedience or refusal is found to be unlawful, the court, or the judge, shall enter an order requiring compliance. Disobedience of such an order shall be punished as contempt of court in the same manner and by the same procedure as is provided for like conduct committed in the course of judicial proceedings.
Added by Laws 1963, c. 371, § 15. Amended by Laws 1992, c. 310, § 12, eff. July 1, 1992; Laws 2014, c. 279, § 1, emerg. eff. May 12, 2014.
Structure Oklahoma Statutes
Title 75. Statutes and Reports
§75-11a. Construction of statutes - Severability.
§75-11c. Local and special laws defined.
§75-12. Original acts shall govern.
§75-12a. Legislative bills and resolutions - Enrollment - Filing in Office of Secretary of State.
§75-22. Conflicting provisions.
§75-23.1. Merging different versions of statute.
§75-25. Emergency laws - Distribution to court clerks as soon as possible.
§75-26. Emergency laws - Binder for public examination - Duty of court clerks.
§75-26.1. Duty of Attorney General to construe certain acts upon request - Blank forms.
§75-26.2. Opinions and instructions to be distributed by State Auditor and Inspector.
§75-26.11. Prefiling of bills and resolutions.
§75-26.12. Manner and place of filing.
§75-26.14. Referring of bills upon convening of session - Introduction and reading.
§75-26.41. Submission of the question - Procedure.
§75-26.42. Expiration of approval - Rescission of ratification.
§75-30. Right to publish, edit or bind reports.
§75-250.1. Composition of act.
§75-250.2. Legislative intent.
§75-250.4. Compliance with act - Exemptions.
§75-250.4a. Exempt rules to be made for public inspection.
§75-250.5. Act not to apply to certain governments, authorities, etc.
§75-250.10. Request for agency review of rules.
§75-252. Filing as condition of validity - Notification of failure to comply.
§75-254. Attestation of rules - Proof of publication - Copies - Preservation.
§75-255. Publication of The Oklahoma Register - Publication of rules and regulations.
§75-256. Oklahoma Administrative Code - Publication - Task Force on Administrative Rules.
§75-256.3. Fees for copying, reproducing or certifying records.
§75-257. Implementation of Article I of Act - Legal assistance.
§75-303. Adoption, amendment or revocation of rule - Procedure.
§75-303a. Expedited rule repeal process.
§75-304. Filing of adopted rules - Effective date of adopted rule or Executive Order.
§75-305. Petition requesting promulgation, amendment or repeal of a rule - Form and procedure.
§75-307. Filing and disposition of petitions for declaratory rulings - Judicial review.
§75-307.1. Legislative rule review - Joint Committee on Administrative Rules.
§75-308. Review of proposed rules by Legislature - Approval or disapproval.
§75-308.1. Adoption of rule upon approval by Legislature and Governor - Submission for publication.
§75-308.3. Joint resolution of the Legislature.
§75-309. Individual proceedings - Notice - Hearing.
§75-310. Procedures before agency.
§75-311.1. Department of Health - Final agency orders - Authority.
§75-312. Final agency orders - Contents - Notification.
§75-313. Agency members not to communicate.
§75-314.1. Implementation of emergency action pending final outcome of proceedings.
§75-315.1. Public hearings - Fees.
§75-316. Disqualification of hearing examiner or agency member.
§75-317. Rehearing, reopening or reconsideration of agency decision.
§75-319. Staying enforcement of agency decision pending review.
§75-320. Transmission of record to reviewing court - Stipulations.
§75-321. Review without jury - Additional testimony.
§75-322. Setting aside, modifying or reversing of orders - Remand - Affirmance.
§75-323. Review of final judgment of a district or superior court by appeal to Supreme Court.
§75-504. Proposed permanent rules - Determination of impact on small business.
§75-505. Promulgated rules - Petition objecting to adverse effect on small business.
§75-506. Waiver of administrative penalties or fines.
§75-507. Compliance with act - Mandated rules identical to federal rules and regulations.