Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mineral Wells › Part 13 - HEARINGS › Section R. 299.2504 - Notice of hearing; service; answer

Current through Vol. 24-12, July 15, 2024
Rule 2504.
(1) The
				  supervisor of mineral wells shall prepare and furnish the notice of hearing to
				  the petitioner, together with instructions for publication and service of the
				  notice.
(2) The petitioner shall
				  compile a service list following instructions from the supervisor of minerals
				  wells, based on information contained in the petition and based on additional
				  information to be developed by the petitioner. The service list shall be
				  compiled so as to assure reasonable notice to all persons entitled to receive
				  notice of hearing.
(3) The notice
				  of hearing shall be published by the petitioner in a newspaper of general
				  circulation in the county or counties involved with the matter to be heard.
				  Publication shall occur once each week for 2 consecutive weeks before the date
				  of the hearing. The last date of publication shall be at least 30 days before
				  the date set for the hearing. Affidavits of proof of publication shall be filed
				  with the supervisor of mineral wells before the order is issued.
(4) The petitioner shall mail copies of the
				  notice of hearing not less than 30 days before the hearing, to the persons
				  listed on the service list, by first-class mail or personal service. An
				  affidavit of proof of mailing shall be filed with the supervisor of mineral
				  wells stating that the notice was deposited in the United States mail not less
				  than 30 days before the hearing date, first-class postage prepaid, addressed to
				  each person so served at his or her record address as set forth in the service
				  list. Each person served, and his or her address of record, shall be
				  specifically identified in the affidavit. The supervisor of mineral wells may
				  require service by certified mail, return receipt requested.
(5) If a hearing is initiated by the
				  supervisor of mineral wells, or if the scope of a hearing requested by a
				  petitioner is enlarged at the initiative of the supervisor of mineral wells,
				  then the supervisor of mineral wells shall publish the notice of
				  hearing.
(6) An interested person
				  shall not participate as a party in a hearing conducted under a petition unless
				  the person files an answer in a timely manner with the supervisor of mineral
				  wells and serves the answer to the petition upon the petitioner. An answer
				  delivered in a timely manner shall be in the possession of the supervisor of
				  mineral wells and the petitioner not less than 5 days before the date set for
				  the hearing. The answer shall be in writing and shall set forth with
				  specificity the interested person's positions with regard to the
				  representations made or relief sought in the petition. An interested person is
				  responsible for requesting a copy of the petition from the petitioner at the
				  contact information set forth in the notice of hearing. The petitioner shall
				  mail or deliver a copy of the petition and attachments to the interested person
				  within 3 business days after receipt of a request. Failure of the petitioner to
				  mail or deliver a copy of the petition to an interested person in a timely
				  manner relieves the interested person of the obligation to file an answer and
				  the interested person may present evidence or cross-examine witnesses. Failure
				  to file and serve an answer in a timely manner precludes an interested person
				  from presenting evidence at the hearing or cross-examining witnesses. However,
				  a person who does not file an answer in a timely manner may make a
				  nonevidentiary statement at the hearing.
(7) The notice of hearing shall contain the
				  following statement:
An interested person may obtain a copy of the written
					 petition by requesting 1 from the petitioner at
					 _________________________________________ . Take note that if an interested
					 person wishes to participate as a party in the hearing by presenting evidence
					 or cross-examining witnesses, an interested person shall prepare and deliver to
					 the petitioner and supervisor of mineral wells, not less than 5 days before the
					 hearing date, an answer to the petition in the manner set forth in R
					 299.2504(6). Proof of delivering the answer shall be filed with the supervisor
					 of mineral wells on or before the date of the hearing. The answer shall state
					 with specificity the interested person's position with regard to the petition.
					 Failure to prepare and deliver an answer in a timely manner shall preclude an
					 interested person from presenting evidence or cross-examining witnesses at the
					 hearing. If an answer to the petition is not filed, the supervisor of mineral
					 wells may elect to consider the petition and enter an order without oral
					 hearing.
(8) Upon a showing
				  that service of notice cannot reasonably be made as provided by this rule, the
				  supervisor of mineral wells may authorize service of the notice of hearing in
				  another manner reasonably calculated to give the interested persons actual
				  notice of the proceeding and an opportunity to be heard. A request for this
				  authorization shall be made by verified motion. The motion shall set forth
				  sufficient facts to establish that service under subrules (2) to (4) of this
				  rule cannot reasonably be made and shall suggest an alternative method of
				  service.