Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Oil and Gas Operations › Part 12 - HEARINGS › Section R. 324.1204 - Notice of hearing; service; answer

Current through Vol. 24-12, July 15, 2024
Rule 1204.
(1) The
				  supervisor shall prepare and furnish the notice of hearing to the petitioner,
				  together with instructions for publication and service of the notice. Upon
				  receipt the petitioner shall serve copies of the notice of hearing on the last
				  known addresses of the last record owners, lessees, lessors, or other parties
				  of record in the register of deeds office or assessor's records, if
				  appropriate, who own interests in the lands that are the subject matter of the
				  proposed action, unless otherwise provided in these rules.
(2) If directed by the supervisor, the
				  petitioner shall also serve copies of the notice of hearing at the last known
				  addresses of the last record owners, lessees, lessors, or other parties of
				  record in the register of deeds office who own interests in all or part of the
				  quarter-quarter sections of land directly and diagonally adjacent to the lands
				  or areas that are the subject matter of the proposed action.
(3) The notice of hearing shall be published
				  by the petitioner in an oil and gas industry publication circulated in this
				  state and in a newspaper of general circulation in the county or counties
				  involved with the matter to be heard. Publication shall occur not less than 21
				  days before the date of the hearing. Affidavits of proof of publication shall
				  be filed with the supervisor before the date of the hearing.
(4) The notices of hearing shall be mailed
				  not less than 21 days before the date of the hearing. Affidavits of proof of
				  mailing by first-class mail or personal service shall be filed with the
				  supervisor before the date of the hearing. An affidavit of proof of mailing
				  shall state that the notice was deposited in the United States mail not less
				  than 21 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 petition
				  pursuant to R 324.1202. Each person so served and his or her address of record
				  shall be specifically identified in the affidavit. The supervisor may require
				  service by certified mail, return receipt requested.
(5) If a hearing is initiated by the
				  supervisor, or if the scope of a hearing requested by a petitioner is enlarged
				  at the initiative of the supervisor, then the supervisor shall publish the
				  notice of hearing and may give additional notification of the hearing by United
				  States mail or personal service.
(6) An interested person shall not be
				  permitted to participate as a party in a hearing conducted pursuant to a
				  petition unless the person files an answer in a timely manner with the
				  supervisor and serves the answer to the petition upon the petitioner. The
				  answer shall be in writing and shall set forth 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 address set forth in the notice of hearing.
				  The petitioner shall mail or otherwise deliver a copy of the petition and
				  attachments to the interested person within 3 days after receipt of a written
				  request. Failure of the petitioner to mail or otherwise 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 shall not
				  be precluded from presenting evidence or cross-examining witnesses. An
				  interested person may mail or otherwise deliver his or her answer to the
				  supervisor and the petitioner. To be considered timely an answer must be
				  received by the supervisor and the petitioner not fewer than 5 days before the
				  date set for the hearing. 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, an interested 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:
You can obtain a copy of the written petition by requesting
					 one in writing from the petitioner at
					 ____________________________________________________ . Take note that if you
					 wish to participate as a party in the hearing by presenting evidence or
					 cross-examining witnesses, you shall deliver to the petitioner and supervisor,
					 not less than 5 days before the hearing date, an answer to the petition in the
					 manner set forth in R 324.1204(6). Proof of mailing or delivering the answer
					 shall be filed with the supervisor on or before the date of hearing. The answer
					 shall state with specificity the interested person's position with regard to
					 the petition.
Failure to prepare and serve an answer in a timely
					 manner shall preclude you from presenting evidence or cross-examining witnesses
					 at the hearing. If an answer to the petition is not filed, the supervisor 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 may authorize service of the notice of hearing to be
				  made in another manner reasonably calculated to give the interested parties
				  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 pursuant to subrules (1) to (7) of
				  this rule cannot reasonably be made and shall suggest an alternative method of
				  service.
An obvious error in
					 R 324.1204(7) was corrected at the request of the promulgating agency, pursuant
					 to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
					 containing the error was published in
Michigan Register,
2015
					 MR 5. The memorandum requesting the correction was published in
Michigan Register,
2015 MR
					 6