Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 25 - Alaska Oil and Gas Conservation Commission › Article 6 - General Provisions › 20 AAC 25.540 - Hearings

Current through May 31, 2024
(a) On its own motion or if a written request
				is received to issue an order affecting a single well or a single field, the
				commission will publish notice in an appropriate newspaper as provided in
				AS
				31.05.050(b). In the notice,
				the commission will set out the essential details of the requested order, provide
				an opportunity for public comment, tentatively specify the place, time, and date
				for a public hearing, and provide a telephone number that the public may use to
				learn if the commission will hold the tentative hearing. The commission will
				tentatively set a hearing date that is at least 30 days after the date of
				publication of the notice. A person may submit a written protest or written
				comments during that 30-day period. In addition, a person may request that the
				tentatively scheduled hearing be held by filing a written request with the
				commission within 15 days after the publication date of the notice. If the
				commission receives a timely request for hearing, or if the commission desires to
				hold a hearing, the commission will hold a hearing on the date and time specified
				in the notice. If a request for hearing is not timely filed, the commission will,
				in its discretion, issue an order without a hearing.
(b) On its own motion or if a written request
				for a public hearing is received concerning a matter within the jurisdiction of
				the commission under this chapter, the commission will publish notice in an
				appropriate newspaper as provided in
				AS
				31.05.050(b). In the notice,
				the commission will provide the essential details of the matter and set out the
				place for the public hearing, the date, and the time for the public hearing. The
				commission will set a hearing date that is at least 30 days after the date of
				publication.
(c) Except as otherwise
				provided in (e) of this section, the following procedures apply to public
				hearings conducted under (a) or (b) of this section:
(1) the hearing will be called to order and the
				subject of the hearing, along with the date and place of public notice given for
				the hearing, will be read into the record;
(2) the commission will receive both sworn
				testimony and unsworn statements; it will give greater weight in its
				deliberations to sworn testimony;
(3)
				all persons wishing to testify will be sworn;
(4) each witness shall state the witness's name
				and whom the witness represents;
(5)
				each witness who wishes to give expert testimony shall state the witness's
				qualifications, and the commission will rule on whether the witness qualifies as
				an expert;
(6) the applicant will be
				asked to present testimony first; all others wishing to present testimony will be
				heard next; upon request, the commission will, in its discretion, allow
				cross-examination of witnesses;
(7) a
				person wishing to make an oral statement will be allowed to do so after the
				conclusion of all testimony;
(8) the
				commission will, in its discretion, ask questions of a witness;
(9) except as may be allowed under (6) of this
				subsection, a person may not ask questions of witnesses directly; to have a
				question directed to a witness, a person must provide the question in writing,
				along with the person's name and that of the witness, to a designated commission
				representative; before the end of the hearing, the commission will review these
				questions and ask those that it believes will be helpful in eliciting needed
				information; all questions will be included in the public record;
(10) if disclosure of otherwise confidential
				information is required, the commission will limit and condition disclosure to
				the extent necessary to comport with applicable constitutional, statutory, and
				common law doctrines that protect trade secrets within the meaning of
				AS
				45.50.940 and other commercially sensitive,
				confidential, and proprietary information; in limiting or conditioning disclosure
				under this paragraph, the commission will, as necessary
(A) review confidential information in-camera;
				and
(B) redact commission decisions
				to protect confidential information;
(11) the hearing will be recorded and the
				recording included in the public record of the hearing;
(12) the commission will, in its discretion,
				allow pre-filed written testimony in place of or in addition to oral
				testimony.