Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 1 - General Provisions › Part 1 - GENERAL › Section 165:5-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
					 shall have the following meaning, unless the context clearly indicates
					 otherwise.
"Administrative Law Judge"
means an Oil and
					 Gas Appellate Referee, Referee, Administrative Law Judge, Hearing Officer, an
					 officer, attorney, or any other employee of the Commission to whom the
					 Commissioners delegate by order or otherwise, the authority to conduct a
					 hearing.
"Applicant"
means any person commencing a
					 proceeding requiring an application as the initiating document.
"Application"
means any written request by an
					 applicant commencing a proceeding for Commission action or relief.
"Attorney"
means a licensed attorney currently
					 admitted to practice before the Supreme Court of Oklahoma, or an attorney
					 currently licensed to practice in another state who is granted under principles
					 of reciprocity permission to appear in proceedings of the Commission.
"Business day"
means a day that is not a
					 Saturday, Sunday, or legal holiday.
"Case"
or
"cause"
means a
					 proceeding filed with the Court Clerk, for Commission action or relief. The
					 terms "case" and "cause" are used interchangeably herein.
"Commission"
means the Oklahoma Corporation
					 Commission, the public entity created under the provisions of Article IX,
					 Section 15, Oklahoma Constitution.
"Commissioner"
means a member of the
					 Commission.
"Complaint"
means the written document that
					 opens a case and seeks enforcement of an order, rule, or regulation of the
					 Commission or relief against a named respondent based upon an alleged violation
					 of law or of a rule, regulation, or order of the Commission.
"Complainant"
means any person commencing a
					 proceeding requiring a complaint as the initiating document.
"Confirmation of electronic filing"
means the
					 electronic confirmation generated by the Electronic Case Filing System.
"Document"
means any written matter filed in a
					 case. A "document" includes any attached appendices.
"Electronic"
means technology having
					 electrical, digital, magnetic, wireless, optical, electromagnetic or similar
					 capabilities.
"Electronic Case Filing System"
or
"ECF
					 System"
means the Commission's online filing system used to file
					 documents with the Court Clerk in Commission proceedings.
"Electronic Case Filing System filer"
or
"ECF filer"
means an Electronic Case Filing user whose electronic
					 mail address and password can be used to file documents electronically in the
					 Electronic Case Filing System.
"Electronic Case Filing System user"
or
"ECF user"
means a person who has registered and been approved to
					 access the Electronic Case Filing System.
"Electronic filing"
means the tender of
					 documents in Commission proceedings to, and acceptance by, the Court Clerk
					 through the Electronic Case Filing System.
"Electronic mail address"
is the primary
					 electronic mail address provided by the registered Electronic Case Filing user
					 or Electronic Case Filing filer. An electronic mail address must have the
					 functionality required by the Electronic Case Filing System.
"Electronic signature"
means a symbol or
					 process attached to or logically associated with a document and executed or
					 adopted by a person with the intent to sign the document.
"Facsimile"
means the transmission of
					 documents using a traditional fax machine or a web-based digital service.
"File(d)"
or
"filing"
means
					 tender of documents in Commission proceedings to, and acceptance by, the Court
					 Clerk.
"Filer"
means a person tendering documents to
					 the Commission's Court Clerk for filing in a Commission proceeding, whether
					 submitting those documents in paper or electronically.
"Intervenor"
means any party of record who is
					 not an applicant, complainant, or named respondent.
"Legal holiday"
means only those days declared
					 legal holidays by law or proclamation of the Governor of Oklahoma, or those
					 days on which United States mail is not delivered.
"Official ECF service list"
means the list,
					 for each case, of designated recipients of electronically mailed notice of
					 filing of pleadings subsequent to the original Application or Complaint. This
					 list does not include pro se persons or other persons entitled to notice who
					 have not elected to accept electronic service, and must receive notice by other
					 means.
"Oil and Gas Appellate Referee"
means a duly
					 licensed attorney in the State of Oklahoma who is familiar with statutes and
					 rules governing oil and gas operations in Oklahoma who shall provide central
					 support to the Commission en banc in the hearing of oil and gas matters before
					 the Commission en banc.
"Order"
means that which is required or
					 commanded to be done, or not to be done, and shall be generally reserved for
					 the requirement or directive portion of an official order or decision of a
					 proceeding; or the promulgation of rules, regulations, and requirements in
					 matters in which the Commission acts.
"Party of record"
means a person who makes
					 formal appearance either in person or by an attorney at any stage of a case
					 whether or not seeking affirmative relief.
"Person"
means an individual, partnership,
					 corporation, association, trust, and every other type of legal entity,
					 including an officer or employee of the Commission.
"Pro se"
means self-representation in a
					 Commission proceeding without representation by an attorney.
"Protestant"
means a person who, upon grounds
					 of private or public interest, resists an application or any relief sought
					 thereby. A protest is governed by the rules applicable to a response.
"Record"
of any proceeding shall consist of
					 the following:
(A) Preliminary exhibits, including pleadings, motions,
					 notices, and proof of publication;
(B) Transcript of proceedings at all hearings or the
					 electronic recording of hearings or proceedings as provided by OAC
					 165:5-13-1(d);
(C) Depositions, stipulations, interrogatories and answers,
					 written testimony, offers of proof, and similar matters;
(D) Exhibits, together with attachments, appendices, and
					 amendments thereto;
(E) Initial Report of the Administrative Law Judge and
					 Report of the Oil and Gas Appellate Referee, if any;
(F) Exceptions and motions subsequent to the hearing;
(G) Orders or rules of the Commission; and
(H) Any other document or matter relevant to the issues
					 ordered to be included by the Commission.
"Referee"
means a duly licensed attorney in
					 the State of Oklahoma who is familiar with statutes and rules governing
					 Commission regulated entities in Oklahoma who shall provide central support to
					 the Commission en banc in the hearing of matters before the Commission en banc.
"Register"
or
"registration"
means the process for a person to request authority from the Commission to
					 access the Electronic Case Filing System.
"Regular mail"
means first class United States
					 Mail, postage prepaid, and includes hand delivery. Wherever in OAC 165:5 a
					 person is directed to mail by regular mail, such directive shall not preclude
					 mailing by restricted mail.
"Respondent"
means a named person against whom
					 relief is sought in a proceeding, or a person who is entitled to receive a
					 notice of hearing as set forth in
					 165:5-7-1(f),
					 or who appears in opposition to relief sought by the applicant, and includes
					 the term "defendant".
"Respondent list"
means a list of named
					 persons against whom relief is sought in a proceeding, or persons who are
					 entitled to receive the application or complaint and notice of hearing as set
					 forth in
					 165:5-7-1(f),
					 or who appears in opposition to relief sought by the applicant, and includes
					 the term "defendant". The "Respondent list" is distinguished from the Official
					 ECF service list as defined herein.
"Restricted mail"
means mailing by certified
					 mail, return receipt requested, within the United States and its territories
					 and mailing by registered mail outside the United States and its territories.
					 For purposes of service outside the United States, "registered mail" includes
					 any means provided by Federal Rule of Civil Procedure 4(f).
"Secretary"
means the duly appointed and
					 qualified Secretary, Assistant Secretary or Acting Secretary of the Commission,
					 or any person appointed by the Commission to act as such Secretary during the
					 absence, inability, or disqualification of the Secretary to act.
"Staff counsel"
means a licensed attorney on
					 staff at the Commission when acting as counsel for the Commission pursuant to
					 the attorney's assigned duties at the Commission.
"Technical failure"
means a malfunction of
					 Electronic Case Filing System hardware, software, and/or telecommunications
					 facility which results in the inability of a registered Electronic Case Filing
					 System filer to file a document. It does not include the failure of a
					 registered Electronic Case Filing System filer's equipment, software, and/or
					 telecommunications facility.
"User manual"
means the instructions for the
					 Commission's Electronic Case Filing System.
"Website"
means the Commission website.
Amended at 13 Ok Reg
					 1159, eff 11-15-95 (emergency); Amended at 13 Ok Reg 2361, eff 7-1-96; Amended
					 at 27 Ok Reg 2098, eff 7-11-10; Amended at 26 Ok Reg 2493, eff 7-11-09; Amended
					 at 27 Ok Reg 2098, eff 7-11-10; Amended at 29 Ok Reg 938, eff
					 7-1-12