Oklahoma Administrative Code › Title 385 - Department of the Commissioners of the Land Office › Chapter 20 - Sale and Operation of Hard Rock Mining and Other Mineral leases › Section 385:20-1-16 - Lease cancellation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice.
Upon violation of any of the substantial terms of a hard
			 rock mining or other mineral lease, or the rules and regulations of the
			 Commission pertaining thereto, the Commission shall issue a notice of proposed
			 cancellation by Return Receipt Mail to the last known address of the lessee,
			 specifying said rule or rules, terms or conditions which have been
			 violated.
(b)
Hearing.
The lessee may, within 15 days from the date of mailing of such notice, request
			 a hearing at which he may show cause, if any he has, why the lease should not
			 be canceled. Upon receipt, by the Secretary of the Commission, of a written
			 request for hearing, the matter shall be set for hearing before an outside
			 Hearing Officer to be selected by the Commissioners, who will set a date, time
			 and place certain for a hearing and the lessee shall be immediately advised
			 thereof by registered mail not less than 15 days prior to such hearing. Prior
			 to the date set for such hearing the lessee may file with the Hearing Officer a
			 written response setting forth the reasons such lease should not be canceled
			 and forfeited. Affidavits, depositions or other written or documentary evidence
			 in support of the matters and things alleged in said response may filed
			 therewith, in which case the lessee need not appear in person or by counsel at
			 the hearing herein provided for and may rest on such written proof. If a
			 hearing is not requested, the Commission may proceed to the cancellation of the
			 lease without further notice to the lessee. The Hearing Officer shall conduct
			 the hearing at the time and place designated, or at the time and place to which
			 said matter is adjourned or continued. At such hearing evidence and oral
			 arguments in support of the alleged violation giving rise to the notice of
			 proposed cancellation and in support of the material allegations of the written
			 response thereto will be heard, such time being allowed therefor as the Hearing
			 Officer shall direct. The Hearing Officer shall make a full report of said
			 hearing to the Commission, orally or in writing, as the Commission may direct.
			 The lessee shall be promptly notified of the decision of the Commission, and
			 the lessee or any other interested party aggrieved by such decision shall be
			 allowed a judicial review to the District Court of the County were the leased
			 premises are situated, in accordance with the provisions of Section 318, Title
			 75, Oklahoma Statutes; thereupon he procedure and rights involved shall be
			 determined in accordance with the provisions of said Section
			 318
			 and the following Sections of said Title §§319, 320, 321 and 322, with the
			 right of appeal to the Supreme Court from the lower court's action as provided
			 by Section 323 of said Title 75. The judicial review referred to is to be had
			 by filing a petition therefor in the District Court within 30 days after the
			 appellant had notice of the order, to be appealed from, as provided in said
			 statute. The review shall be conducted by the Court with a jury, and shall be
			 confined to the record.
Amended at 15 Ok Reg 1752,
				eff 5-12-98; Amended at 29 Ok Reg 1303, eff
				6-25-12