reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 13 - Initial and Subsequent Proceedings › Section 165:5-13-2.1 - Appointment of Public Utility Referee

Current through Vol. 41, No. 20, July 1, 2024
(a) In Public Utility cases, the Commission
				may determine that a cause is of such public interest that the Commission may
				sua sponte appoint a Public Utility Referee to serve as the Administrative Law
				Judge with and/or for the Commission conducting the hearing process in the
				cause.
(b) The Public Utility
				Referee shall confer with and assist the Commissioners on all matters regarding
				the pending cause.
(c) The Public
				Utility Referee may assist the Commission in conducting the hearing of the
				cause in accordance with all other provisions of this Chapter; except that all
				provisions of this Chapter providing for exceptions of any nature are not
				applicable.
(d) Upon conclusion of
				the hearing of the cause, the Commissioners may seek the assistance of the
				Public Utility Referee in reaching a determination in the cause.
Added at 20 Ok Reg 2293,
				  eff 7-15-03; Amended at 27 Ok Reg 2098, eff
				  7-11-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 13 - Initial and Subsequent Proceedings › Section 165:5-13-3 - Hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Conduct
				of hearing.
Every hearing shall be conducted by the Commission, by an
				Administrative Law Judge or as provided at OAC
				165:5-13-2.1. The Commission or
				Administrative Law Judge shall call the case for hearing, after which
				proceedings shall be had as provided in this Section.
(b)
Scope of hearings.
The
				Commission, Administrative Law Judge or Public Utility Referee may state the
				purpose and scope of the hearing, or the issues upon which evidence will be
				heard.
(c)
Appearances.
Each person appearing shall enter an appearance by
				stating their name and if applicable, the name of the party being represented.
				Thereafter, such person shall be deemed a party of record, unless specified
				otherwise.
(1) An individual may appear on
				his or her own behalf.
(2) A
				corporation may appear only by its attorney; provided, that a representative
				other than an attorney may appear on behalf of a corporation for the sole
				purpose of making a statement or indicating corporate policy. Such a
				representative may not assume an advocate's role or introduce evidence or
				examine witnesses in the proceeding.
(3) Should an attorney no longer represent
				the party of record, a withdrawal of appearance must be filed with the Court
				Clerk and provided to all parties of record and the party who was previously
				represented by the attorney. The withdrawal of appearance must include the name
				and last known address of the party.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 13 - Initial and Subsequent Proceedings › Section 165:5-13-3.1 - Optional procedure for spacing related applications

Current through Vol. 41, No. 20, July 1, 2024
(a) If no protest to a spacing related
				application is filed prior to the docket call or is announced at docket call,
				an applicant for spacing, despacing, increased well density, or location
				exception may elect for consideration of the merits of the cause without a full
				evidentiary hearing. Such review of the cause shall be referred to as the
				optional procedure.
(b) After
				electing the optional procedure, the applicant shall provide the Administrative
				Law Judge with a proposed order and documentation supporting the application.
				With respect to documentation, any written testimony shall be presented in the
				form of a sworn, notarized affidavit which shall be marked as exhibits and
				entered into the record.
(c) The
				Administrative Law Judge shall prescribe the time period for completing the
				record and may request additional evidence as deemed appropriate.
(d) After closing the record, the
				Administrative Law Judge shall have seven (7) business days in which to make a
				recommendation to the Commission concerning disposition of the application.
(e) If the Administrative Law
				Judge's recommendation is unfavorable, the matter will be automatically set for
				a full evidentiary hearing before the same Administrative Law Judge. Any
				exceptions from the report issuing after the full evidentiary hearing will
				proceed pursuant to OAC
				165:5-13-5.
Added at 10 Ok Reg 2591,
				  eff 6-25-93; Amended at 27 Ok Reg 2098, eff
				  7-11-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 13 - Initial and Subsequent Proceedings › Section 165:5-13-4 - Report of Administrative Law Judge

Current through Vol. 41, No. 20, July 1, 2024
(a) At the conclusion of a hearing before an
				Administrative Law Judge, such officer shall, at the earliest practicable date,
				file a written report in the proceeding. The report shall contain the
				following:
(1) Names of parties of record and
				their attorneys.
(2) Brief
				statement of facts establishing jurisdiction of the cause.
(3) Brief summary of the evidence of each
				party of record who offered evidence.
(4) The pertinent facts as found by the
				officer upon consideration of all evidence offered.
(5) Recommended conclusions of law and
				recommendations as to action to be taken or relief to be granted or
				denied.
(6) In oil and gas
				conservation causes and pollution causes, such report shall be prepared only
				when a party of record in the hearing before the Administrative Law Judge has
				formally, in writing, protested the granting of the application, or, in the
				judgment of the Administrative Law Judge, the issuance of a report is
				required.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 15 - Orders › Section 165:5-15-1 - General form and procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Contents
				of orders.
The Commission may prescribe a standardized format for all
				orders. Every order of the Commission shall contain the following where
				appropriate or except where the Commission determines otherwise:
(1) Caption, case number on the appropriate
				docket and order number. Every page of the order shall also contain a page
				number, the applicable subject matter docket listed in OAC
				165:5-5-1(a),
				the docket number assigned to the case by the Court Clerk, and order type,
				e.g., emergency order, final order, etc.
(2) Appearances.
(3) Date and place of all hearings.
(4) Summary of allegations of applicant, and
				of all other parties of record.
(5)
				Summary of evidence of applicant, and of all other parties of record.
(6) Findings of fact, containing all ultimate
				facts found to have been established.
(7) Conclusions of law, containing:
(A) All legal conclusions found to be
				applicable to the facts; and
(B)
				The directive of the order stated in concise and mandatory
				language.
(8) Signature
				of the Secretary certifying as to all Commissioners participating in making the
				order. The signatures of the Secretary and Commissioners participating in the
				making of the order may be electronic signatures as provided in OAC
				165:5-1-14.
(9) Seal of the Commission.
(10) Date of filing, and effective date where
				appropriate.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 15 - Orders › Section 165:5-15-2 - Unitization orders

Current through Vol. 41, No. 20, July 1, 2024
In addition to the requirements of 52 O.S. §§
				  287.1-287.15, to each order authorizing and providing for the unitized
				  management, operation, and further development of oil and gas properties
				  pursuant to the Unitized Management of Common Sources of Supply Act (52 O.S.
				  §§ 287.1- 287.15 ) shall be attached a plat showing the outside
				  boundaries of the surface area included in such order.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 15 - Orders › Section 165:5-15-4 - Location exception orders for increased density wells

Current through Vol. 41, No. 20, July 1, 2024
(a)
Required language; allowable
				restrictions.
A location exception order for an increased density well
				where allowable restrictions have been imposed shall contain language
				obligating the applicant to:
(1) Maintain a
				monthly allocation schedule for the well which schedule shall show the method
				used in calculating the allowable, production and the status as to overage or
				underage.
(2) Furnish a copy of the
				schedule to each offsetting operator who entered an appearance in the
				cause.
(3) File with the Gas
				Department of the Oil and Gas Conservation Division, no later than February 15
				each year, a summary of the schedule showing the allowable and production for
				the calendar year and the status as to overage and underage as of December
				31.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 15 - Orders › Section 165:5-15-5 - Increased density orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
Required language; allowable restrictions.
An increased density
				order where allowable restrictions have been imposed shall contain language
				obligating the applicant to:
(1) Maintain a
				monthly allocation schedule for the well which schedule shall show the method
				used in calculating the allowable, production and the status as to overage or
				underage.
(2) Furnish a copy of the
				schedule to each offsetting operator who entered an appearance in the
				cause.
(3) File with the Gas
				Department of the Oil and Gas Conservation Division, no later than February 15
				each year, a summary of the schedule showing the allowable and production for
				the calendar year and the status as to overage and underage as of December
				31.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 15 - Orders › Section 165:5-15-6 - Location exception orders

Current through Vol. 41, No. 20, July 1, 2024
A location exception order shall terminate if the relief
				  granted is not undertaken within one (1) year from the order's date of
				  issuance, unless otherwise provided in the order. For directionally drilled
				  wells, the location of the entry into and exit from the common source of supply
				  must be specified.
Amended at 24 Ok Reg
				  1781, eff 7-1-07; Amended at 26 Ok Reg 2493, eff
				  7-11-09
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 15 - Orders › Section 165:5-15-7 - Emergency orders

Current through Vol. 41, No. 20, July 1, 2024
An emergency order shall state, in addition to applicable
				  provisions of OAC
				  165:5-15-1,
				  the following:
(1) The emergency or
				circumstances necessitating the order.
(2) Any notice given or hearing held prior to
				entry of the order.
(3) That the
				order is temporary, and subject to final determination of the cause.
(4) The time limitations of the order, which
				shall be the date set for hearing or another day certain.
(5) Continuance of the hearing shall not
				serve to extend an emergency order.
(6) Any person affected by an emergency order
				may file written application for a hearing thereon, stating the precise grounds
				for objection to the order, which hearing may be held upon such notice to other
				persons as the Commission shall direct.
(7) An order shall be issued determining the
				merits of any application for emergency reliefrelating to a Conservation Docket
				proceeding within thirty (30) days from the filing of the
				application.
(8) An order granting
				emergency relief relating to a Conservation Docket proceeding shall be
				effective for a period not to exceed ninety (90) days.
Amended at 17 Ok Reg
				  2299, eff 7-1-00
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 15 - Orders › Section 165:5-15-8 - Interim order for horizontal well drilling and spacing unit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 27 Ok Reg
				  2098, eff 7-11-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 15 - Orders › Section 165:5-15-9 - Termination of horizontal well unit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 27 Ok Reg
				  2098, eff 7-11-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 17 - Post Order Relief › Section 165:5-17-1 - Within 10 days; motion

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Within ten (10) days after an order of the Commission is entered, any person
				may file a motion for rehearing, or a motion to set aside or to modify the
				order, or for any other form of relief from the order. However, a motion to
				reopen the record after an order has been entered shall not be considered a
				proper motion to seek relief from the order. The motion shall specifically
				state:
(1) The parts or provisions of the
				order sought to be set aside or modified or from which relief is
				sought.
(2) The specific
				modifications or other relief sought by the motion.
(3) The specific grounds relied upon for
				relief.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 17 - Post Order Relief › Section 165:5-17-2 - After 10 days; application

Current through Vol. 41, No. 20, July 1, 2024
(a) At any time subsequent to ten (10) days
				after entry of an order of the Commission, an application to vacate or modify
				the order, or for any other form of relief from the order, filed by any person,
				whether or not a party of record in the original cause, shall be treated as a
				separate cause, and shall be governed by rules applicable to the commencement
				of a cause. The application shall:
(1)
				Identify the order sought to be modified or vacated.
(2) State specifically the parts or
				provisions sought to be modified or vacated.
(3) State specifically the modifications or
				vacations sought.
(4) State
				specifically the grounds upon which such relief is sought.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 17 - Post Order Relief › Section 165:5-17-3 - Motions related to public utility orders

Current through Vol. 41, No. 20, July 1, 2024
An order of the Commission, granted to a public utility
				  pursuant to 17 O.S. §§
									181
				  through
				  189,
				  approving the issuance of securities or the creation of liens on property in
				  this state to secure the payment of evidences of indebtedness shall not be
				  vacated or modified pursuant to motion or application to vacate or modify filed
				  by any person other than the public utility.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 17 - Post Order Relief › Section 165:5-17-4 - Nunc Pro Tunc

Current through Vol. 41, No. 20, July 1, 2024
With or without notice or hearing, the Commission may make or
				  cause to be made an order nunc pro tunc to correct any clerical errors,
				  mistakes, or omissions in an order, or as to timely mailing of the order by the
				  Commission or otherwise to cause the order to correctly reflect the judgment or
				  action of such Commission.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 17 - Post Order Relief › Section 165:5-17-5 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
All causes on appeal shall be as prescribed by the applicable
				  rules of the Supreme Court of Oklahoma. All appellate petitions, motions,
				  briefs and other filings shall be served on the Commission by mail addressed to
				  the Commission's Agency Counsel.
Amended at 27 Ok Reg
				  2098, eff 7-11-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 19 - Contempt › Section 165:5-19-1 - Contempt procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Commencement.
A contempt proceeding is commenced with the filing
				of a verified Complaint. Prior to the filing of a contempt proceeding by the
				Commission, or a division thereof, the self-reporting of an apparent violation
				and corrective actions taken by the Respondent, along with plans to prevent
				future violations, and/or other mitigating factors should be considered.
(b)
Complaint.
The
				complaint shall state:
(1) The name of the
				person, firm, trust, corporation, or association against whom the complaint is
				made.
(2) Each law, order, rule,
				regulation of which violation is charged.
(3) In general terms, the acts or omissions
				constituting the violation of which complaint is made. If complaint is made of
				more than one violation, each violation shall be separately stated.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 19 - Contempt › Section 165:5-19-2 - Waiver or reduction of fines and penalties upon small business

Current through Vol. 41, No. 20, July 1, 2024
(a)
Fines and
				penalties may be waived against small business.
Pursuant to 75 O.S.
				§
									506,
				any fine or penalty levied against a small business pursuant to the contempt
				procedure provided in this Subchapter may be waived or reduced by the
				Commission if:
(1) The small business
				corrects the violation within thirty (30) days of receiving a complaint,
				summons and notice of citation for contempt, or other form of citation;
				or
(2) The violation was the result
				of an excusable misunderstanding of the Commission's interpretation of a
				rule.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 21 - Procedure for the Petroleum Storage Tank Docket › Section 165:5-21-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to provide rules to govern
				  proceedings filed before the Commission concerning the Oklahoma Petroleum
				  Storage Tank Consolidation Act. Accordingly, all procedural rules necessary to
				  initiate, regulate and litigate the above stated programs have been centralized
				  in this Subchapter for user friendliness, with the exception of the rules
				  contained in Chapter 5 which are "general" rules of procedure. To avoid
				  repetitive rule language, the following rules apply to all proceedings subject
				  to this Subchapter:
(1) OAC
				165:5-1-3(Definitions)
(2) OAC
				165:5-1-4 (Office location;
				office hours; records)
(3) OAC
				165:5-1-5 (Filing of documents)
(4) OAC
				165:5-1-6 (Time computations and
				extensions; effective date)
(5)
				OAC 165:5-1-8 (Place of hearing)
(6) OAC
				165:5-1-9 (Telephonic testimony)
(7) OAC
				165:5-5-1 (Dockets; identifying
				initials)
(8) OAC
				165:5-9-3 (Emergency
				applications)
(9) OAC
				165:5-11-2 (Prehearing
				conference)
(10) OAC
				165:5-13-1 (Sessions and
				hearings)
(11) OAC
				165:5-13-2 (Setting of causes)
(12) OAC
				165:5-13-3(Hearings)
(13) OAC
				165:5-13-4 (Report of
				Administrative Law Judge)
(14) OAC
				165:5-13-5 (Exceptions to Report
				of the Administrative Law Judge)
(15) OAC
				165:5-15-1 (General form and
				procedure [orders])
(16) OAC
				165:5-15-7 (Emergency orders)
(17) OAC
				165:5-17-1 ([Post order relief]
				Within 10 days)
(18) OAC
				165:5-17-2 (After 10 days;
				applicants)
(19) OAC
				165:5-17-4 (Nunc Pro Tunc)
(20) OAC
				165:5-17-5(Appeals)
(21) OAC
				165:5-19-1 (Contempt procedure)
Added at 16 Ok Reg 829,
				  eff 1-25-99 (emergency); Added at 16 Ok Reg 2807, eff 7-15-99; Amended at 27 Ok
				  Reg 2098, eff 7-11-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 21 - Procedure for the Petroleum Storage Tank Docket › Section 165:5-21-2 - Scope

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules of
				this Subchapter shall be known as the Oklahoma Corporation Commission Rules of
				Practice for the Petroleum Storage Tank Division, and may be cited as OAC
				165:5-21-1 et
				seq.
(b) The rules of this
				Subchapter shall govern all proceedings concerning the Petroleum Storage Tank
				Division before the Commission, any Administrative Law Judge, attorney, or
				other officer or employee of the Commission.
(c) The rules of this Subchapter shall not be
				construed as limiting the Commission's authority to grant an exception, for
				good cause shown, to any rule contained herein unless otherwise precluded by
				law.
Added at 16 Ok Reg 829,
				  eff 1-25-99 (emergency); Added at 16 Ok Reg 2807, eff
				  7-15-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 21 - Procedure for the Petroleum Storage Tank Docket › Section 165:5-21-3 - Application and notice requirements for Petroleum Storage Tank cases

Current through Vol. 41, No. 20, July 1, 2024
(a) Every case
				will start with the filing of an application in the Court Clerk's Office. The
				following must be on the application:
(1) A
				caption with the heading of "Before the Corporation Commission of the State of
				Oklahoma."
(2) The name of the
				applicant(s).
(3) The relief sought
				(what the applicant wants done).
(4) The docket and case
				number.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 21 - Procedure for the Petroleum Storage Tank Docket › Section 165:5-21-3.1 - Applications for a variance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Administrative review.
Any variance sought from rules in Chapters
				15, 16, 25, 26, 27, or 29 must be made by application. At the time the
				application is filed, applicant must provide the Petroleum Storage Tank
				Division all documents or evidence supporting the proposed variance. The
				Petroleum Storage Tank Division shall review the application administratively
				without the necessity of a hearing. If the Petroleum Storage Tank Division
				approves the relief requested by the application, it shall submit a proposed
				order to the Commissioners to determine whether the variance and/or other
				relief, if any, should be granted.
(b)
Remedies after denial or
				modification.
If the Petroleum Storage Tank Division denies the relief
				requested by the application as reflected in the notice of denial provided to
				applicant, or the Petroleum Storage Tank Division cannot agree to a
				modification, the applicant will have ten (10) business days from receipt of
				the denial letter to withdraw its application or file a notice of hearing
				before an Administrative Law Judge and present its application for a
				recommendation on the merits of the variance sought. If the application for the
				variance is denied by the Administrative Law Judge, the applicant may file
				exceptions as more fully defined under OAC
				165:5-13-5. If a notice of
				hearing is not timely filed, the Petroleum Storage Tank Division shall submit a
				proposed order to the Commissioners to deny the variance.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 21 - Procedure for the Petroleum Storage Tank Docket › Section 165:5-21-4 - Response to application

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				response to an application shall contain the same caption as in the application
				and shall contain four numbered parts as follows:
(1) The first part will give the name of the
				respondent, address and telephone number of his attorney or designated
				representative and the nature of his interest in the subject matter of the
				case.
(2) The second part will be a
				response to the allegations of fact. It will include (i) admissions of specific
				allegations of fact; (ii) specific denial of any allegations of fact and (iii)
				a statement of all other facts necessary or appropriate to support respondent's
				position. Failure to deny specifically any allegation of fact will not relieve
				the person making the allegation of the burden of proving it.
(3) The third part states the citations of
				all statutes, rules, orders, and decided cases in support of the response or in
				opposition to the granting of the relief sought in the application.
(4) The fourth part must give a short and
				concise statement of what the respondent wants the Commission to do.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 21 - Procedure for the Petroleum Storage Tank Docket › Section 165:5-21-5 - Motions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Pleadings
				other than the application or response shall be made by motion.
(1) Each motion shall state in plain language
				the action or relief sought and the facts and circumstances upon which the
				motion is based.
(2) All motions,
				including motions to dismiss and motions for summary judgment, will be set on a
				regularly scheduled motion docket to be heard by an Administrative Law Judge
				unless otherwise directed by the assigned Administrative Law Judge.
(3) The filing of a motion will not
				automatically delay the hearing on the merits.
(4) The Court Clerk will advise the person
				filing the motion when it will be heard and what Administrative Law Judge will
				hear it. A notice of the time of hearing must be included on the motion
				document, below the certificate of mailing.
(5) The notice of hearing shall be sent to
				other parties of record by regular mail at least five (5) days prior to the
				date set for hearing.
(6) All
				motions will be decided by the Administrative Law Judge.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 21 - Procedure for the Petroleum Storage Tank Docket › Section 165:5-21-6 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to 17 O.S. §
									330,
				  discovery for proceedings on the Petroleum Storage Tank docket shall be
				  conducted pursuant to the provisions of the Oklahoma Discovery Code, 12 O.S.
				  §§
									3224
				  through
				  3237.
				  No motion to permit discovery is required. Parties or their attorneys may issue
				  notices for deposition or requests for production as provided in the discovery
				  code. Discovery must start early in the case and be done promptly, as the
				  hearing on the merits must be heard within one hundred eighty (180) days. A
				  party who has been slow or neglectful in pursuing discovery shall not delay the
				  hearing to finish such discovery.
Added at 16 Ok Reg 829,
				  eff 1-25-99 (emergency); Added at 16 Ok Reg 2807, eff
				  7-15-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 21 - Procedure for the Petroleum Storage Tank Docket › Section 165:5-21-7 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 16 Ok Reg
				  829, eff 1-25-99 (emergency); Reserved at 16 Ok Reg 2807, eff
				  7-15-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 21 - Procedure for the Petroleum Storage Tank Docket › Section 165:5-21-8 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to 17 O.S. §
									330,
				  all cases filed on the Petroleum Storage Tank docket may have subpoenas issued
				  pursuant to the provisions of 12 O.S. §
									2004.1. No
				  motion to allow subpoenas is required.
(1) References in the statute to "clerk"
				refer to the Court Clerk of the Commission.
(2) References in the statute to "court"
				refer to the Commission.
Added at 16 Ok Reg 829,
				  eff 1-25-99 (emergency); Added at 16 Ok Reg 2807, eff
				  7-15-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 21 - Procedure for the Petroleum Storage Tank Docket › Section 165:5-21-9 - 180 days

Current through Vol. 41, No. 20, July 1, 2024
Hearings on merits shall be within one hundred eighty (180)
				  days from the date the application was filed. The Administrative Law Judge may
				  extend this date, if requested by person(s) other than Commission employees or
				  representatives, upon a showing by such person(s) of exigent or extraordinary
				  circumstances.
Added at 16 Ok Reg 829,
				  eff 1-25-99 (emergency); Added at 16 Ok Reg 2807, eff
				  7-15-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 21 - Procedure for the Petroleum Storage Tank Docket › Section 165:5-21-10 - Advancement

Current through Vol. 41, No. 20, July 1, 2024
A case may be advanced and heard directly by the
				  Commissioners upon a showing that there is a matter of general applicability at
				  issue in the case and that an early resolution of the dispute by the
				  Commissioners will help resolve other conflicts, thereby avoiding costly
				  litigation of other cases. The Commissioners may take and resolve the entire
				  case or they may resolve only the issue of general applicability and return the
				  rest of the case to the Administrative Law Judge for an evidentiary hearing on
				  the other issues in the case.
Added at 16 Ok Reg 829,
				  eff 1-25-99 (emergency); Added at 16 Ok Reg 2807, eff
				  7-15-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 23 - Informal Resolution of Natural Gas Gathering Disputes › Section 165:5-23-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
The Commission encourages the resolution and early settlement
				  of all disputes about natural gas gathering services in the most effective
				  manner possible. Commission employees are charged with the responsibility to
				  promote resolution and settlements of such disputes, consistent with the public
				  interest. This Subchapter establishes a voluntary, non-binding informal
				  procedure to be available either before or after the filing of a Formal
				  Complaint to encourage the resolution of disputes regarding gas gathering. In
				  this voluntary procedure, Participants are not required to be represented by an
				  attorney. The provisions of OAC
				  165:5-1-2(b)
				  are not applicable to this Subchapter.
Added at 17 Ok Reg 596,
				  eff 12-16-99 (emergency); Added at 17 Ok Reg 1853, eff
				  7-1-00
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 23 - Informal Resolution of Natural Gas Gathering Disputes › Section 165:5-23-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and phrases, when used in this
				  Subchapter, shall have the following meanings, unless the context clearly
				  indicates otherwise:
"Complainant"
means an aggrieved party, pursuant
				  to 52 O.S. §§
									24.4 and
				  24.5,
				  who seeks to have a dispute regarding natural gas gathering services resolved
				  by the Commission. Any informal dispute resolution procedure initiated by said
				  Complainant shall be a neutral process as it affects the Participants, and
				  shall only occur as a result of the agreement of the Participants.
"Conservation Division"
means the Oil and Gas
				  Conservation Division.
"Formal Complaint"
means a complaint filed under
				  52 O.S. §§
									24.4 and
				  24.5
				  and OAC
				  165:5-7-41.1.
"Mediator"
means an individual, mutually
				  agreeable to the Participants, selected from a list of mediators maintained by
				  the Commission who are certified under the Oklahoma Dispute Resolution Act, 12
				  O.S. §
									1801 et
				  seq. The list of certified mediators shall include, but not be limited to,
				  members of the Oil and Gas Conservation Division staff. Any mediator selected
				  by the Participants shall remain neutral and shall not advocate the position of
				  any Participant in an informal dispute resolution procedure.
"Informal dispute resolution procedure"
means a
				  non-judicial, voluntary, non-binding and informally conducted mediation
				  procedure for resolution of disputes regarding gas gathering. Such mediations
				  will be conducted under the provisions of the Oklahoma Dispute Resolution Act,
				  12 O.S. §
									1801 et
				  seq.
"Participant(s)"
means the Complainant or
				  Respondent, or both, in the informal dispute resolution procedure.
"Respondent"
means the gatherer whose conduct is
				  the subject of a Notice of Intent to Mediate.
Added at 17 Ok Reg 596,
				  eff 12-16-99 (emergency); Added at 17 Ok Reg 1853, eff 7-1-00; Amended at 27 Ok
				  Reg 2098, eff 7-11-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 23 - Informal Resolution of Natural Gas Gathering Disputes › Section 165:5-23-3 - Form and service of a Notice of Intent to Mediate; reply by Respondent

Current through Vol. 41, No. 20, July 1, 2024
(a) Prior to or
				after the filing of a Formal Complaint under 52 O.S. §§ 24.4 and
				24.5, a Complainant seeking redress under this Subchapter may commence the
				informal dispute resolution procedure by filing a Notice of Intent to Mediate.
				The Notice of Intent to Mediate shall be made in the form prescribed by the
				Commission and shall contain the following information:
(1) The Complainant's name;
(2) The Complainant's company name;
(3) The Complainant's address;
(4) The Complainant's company
				phone number, electronic mail address, and facsimile number;
(5) The date and time of the complaint
				including the name and address, and the telephone number and electronic mail
				address, and fax number, if known, of the Respondent with whom the Complainant
				has a dispute;
(6) A description of
				the dispute;
(7) The time period of
				the problem described in the dispute;
(8) The current status of the negotiations
				between the parties;
(9)
				Description of the actions taken by the Complainant to resolve the problem;
(10) The relief sought by the
				Complainant;
(11) The legal
				description, county name and name of the well(s) involved in the dispute; and
(12) The names of representatives
				of the Respondent with whom the Complainant has talked regarding the dispute.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 23 - Informal Resolution of Natural Gas Gathering Disputes › Section 165:5-23-4 - Administration of the informal dispute resolution procedure

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon the filing of a Notice of Intent to
				Mediate, the dispute shall be assigned an informal dispute case number by the
				Commission's Court Clerk, which shall maintain files pertaining to the matter.
				The parties to the dispute will select a mutually agreeable mediator from the
				list of certified mediators maintained by the Commission. The Notice of Intent
				to Mediate shall be forwarded to the selected mediator, and the dispute will be
				submitted to the informal dispute resolution procedure unless the Complainant
				or Respondent notifies the Commission's Court Clerk that one, or both, of said
				parties does not wish to participate.
(b) Upon the parties agreeing to mediate, the
				Mediator shall arrange for a mediation conference between the Respondent and
				the Complainant within fifteen (15) days of the filing of the Notice of Intent
				to Mediate. At the mediation conference, the parties shall:
(1) Inform the Mediator that the dispute has
				been resolved and the Notice of Intent to Mediate is withdrawn; or
(2) Inform the Mediator that the Complainant
				and/or Respondent no longer wishesto participate in the informal dispute
				resolution procedure; or
(3) If the
				Participants have agreed to the informal dispute resolution procedure, the
				Mediator shall proceed with themediation conference between the Participants.
				At such conference, or any subsequent conference agreed to by the Participants,
				the purpose of the Mediator is to assist in the resolution of the dispute by
				facilitating the development of facts, determination of Participants'
				positions, and resolution of issues underlying the dispute.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 23 - Informal Resolution of Natural Gas Gathering Disputes › Section 165:5-23-5 - Confidentiality of communications in the informal dispute resolution procedure

Current through Vol. 41, No. 20, July 1, 2024
(a) All Notices of
				Intent to Mediate, Replies and all attached documentary evidence filed with the
				Commission's Court Clerk, as well as all communications, notes, records, and
				statements, whether oral or written, made, given or furnished by any
				Participant or Mediator in the course of an informal dispute resolution
				procedure are privileged and confidential, and are not discoverable or
				admissible as evidence in any administrative or judicial proceeding unless such
				communications, notes, records or statements are otherwise discoverable or
				admissible independent of the informal dispute resolution procedure.
(b) No Participant or Mediator shall be
				required to testify about any aspect of the informal dispute resolution
				proceeding relating to or arising out of the informal dispute resolution
				procedure or be required to disclose any information considered to be
				privileged and confidential under subsection (a) of this Section.
(c) A Mediator shall not communicate with a
				Commission administrative law judge or any Commissioner concerning any material
				or substantive aspect of an informal dispute made confidential by this
				Section.
(d) No administrative law
				judge shall be assigned to a formal hearing or other formal investigation of a
				complaint if that person has directly or indirectly obtained information
				relating to or concerning such complaint which is confidential under this
				Subchapter.
(e) Administrative law
				judge(s) assigned as Mediator(s) under this Subchapter shall not serve as an
				administrative law judge in any Formal Complaint based upon or arising out of
				the same dispute or facts described in the Notice of Intent to Mediate which
				was forwarded to the assigned Mediator. Any Conservation Division staff
				member(s) assigned as Mediator(s) under this Subchapter shall not serve as a
				technical advisor on any Formal Complaint based upon or arising out of the same
				dispute or facts described in the Notice of Intent to Mediate which was
				forwarded to the assigned Mediator. However, service as a Mediator shall not be
				deemed a conflict in other matters assigned to the Conservation Division
				docket.
Added at 17 Ok Reg 596,
				  eff 12-16-99 (emergency); Added at 17 Ok Reg 1853, eff
				  7-1-00
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 23 - Informal Resolution of Natural Gas Gathering Disputes › Section 165:5-23-6 - Helpline

Current through Vol. 41, No. 20, July 1, 2024
Prior to filing a Formal Complaint, parties complaining about
				  natural gas gathering services may register such complaints with the
				  Conservation Division using the Commission Gas Gathering Helpline. Conservation
				  Division staff shall answer calls to the Helpline from 8:00 a.m. to 4:30 p.m.
				  on all regular Commission business days. The Helpline shall record the
				  information sought in OAC
				  165:5-23-3(a)
				  of this Subchapter, shall instruct the caller that a Notice of Intent to
				  Mediate containingthe same information must be filed to commence the informal
				  dispute resolution procedure and that the Notice of Intent to Mediate and any
				  attachments must be served by registered mail, facsimile or personal delivery
				  on the Respondent, and shall inform the caller that there is no filing fee
				  charged for a Notice of Intent to Mediate, but a $5.00 fee per participant will
				  be charged for any informal dispute resolution procedure that is commenced. Any
				  Complainant calling the Helpline will be referred to appropriate Conservation
				  Division staff for further information. The Helpline shall neither record nor
				  act upon any anonymous complaints under this subsection.
Added at 17 Ok Reg 596, eff 12-16-99 (emergency) ; Added
					 at 17 Ok Reg 1853, eff 7-1-00 ; Amended at 30 Ok Reg 1033, eff
					 7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 25 - Motor Carrier Tax and Registration Protests › Section 165:5-25-1 - Purpose and general overview of motor carrier taxpayer/registrant protest procedure

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				purpose of this Subchapter is to give the International Fuel Tax ("IFTA")
				taxpayer ("taxpayer") or International Registration Plan ("IRP") registrant
				("registrant"), or the taxpayer's/registrant's representative an opportunity to
				resolve "IFTA" or "IRP" disagreements with the Commission.
(b) Taxpayers/Registrants who wish to
				challenge a liability assessed or other adverse actions by the Transportation
				Division, or to seek a refund of taxes or fees, shall file a written protest
				with the Transportation Division within thirty (30) days from the date of
				notification of the adverse action. Notification is deemed to be the date of
				the notice of the adverse action. A protest by the taxpayer/registrant should
				include the reason(s) for the protest.
(c) The Transportation Division shall respond
				to the protest within thirty (30) days of receipt of the protest. The response
				shall advise the taxpayer/registrant the status of the review of the protest
				and advise of any additional documentation needed.
(d) The taxpayer/registrant may contest the
				Transportation Division's final decision within thirty (30) days from the date
				of the mailing of the notice. The taxpayer/registrant must file an application
				with the Commission's Court Clerk's office in accordance with OAC
				165:5-25-2
				to contest the final decision.
Added at 23 Ok Reg 506,
				  eff 12-19-05 (emergency); Added at 23 Ok Reg 2225, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 25 - Motor Carrier Tax and Registration Protests › Section 165:5-25-2 - Filing confidential applications for hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) Until such
				time as the ECF System provides for the electronic filing of confidential
				documents, taxpayer or registrant applications for hearing pursuant to this
				subchapter shall be filed in paper with the Court Clerk in person or by mail.
				Accordingly and not with standing OAC
				165:5-1-5(h),
				to maintain the confidentiality of the taxpayer's identity, a cover sheet for
				the application shall not be filed via the ECF System, and pursuant to 47 O.S.
				§ 1170, all filings in the case are to be filed in paper with the Court
				Clerk in person or by mail instead of through the ECF System. Applications and
				filings shall be marked "CONFIDENTIAL TAXPAYER/REGISTRANT PROTEST, " signed by
				the taxpayer or registrant or an authorized representative thereof, and shall
				set out therein:
(1) The name, mailing
				address, physical address, telephone number, and e-mail address of the taxpayer
				or registrant;
(2) A statement of
				the amount of the deficiency as determined by the Transportation Division in
				the proposed assessment, the nature of the tax or fee and the amount thereof in
				controversy, or the denial of base state registration;
(3) A clear and concise statement of each
				item in dispute;
(4) The argument
				and any legal authority upon which each item in dispute is made; provided, that
				the taxpayer or registrant shall not be bound or restricted in such hearing,
				except on exceptions, to the arguments and legal authorities contained and
				cited in said applications or presented in the initial hearing;
(5) A statement of the relief sought by the
				taxpayer or registrant;
(6) A
				verification by the taxpayer or registrant or his duly authorized agent that
				the statements and facts contained therein are true; and
(7) In a refund claim, a statement as to
				whether the basis for the claim request is due to a mistake of law or a mistake
				of fact with a brief explanation of the mistake.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 25 - Motor Carrier Tax and Registration Protests › Section 165:5-25-3 - Representation and participation in administrative proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a) Representation.
				In an administrative proceeding the taxpayer/registrant may represent
				himself/herself at any stage of the proceeding or may be represented by:
(1) A corporation;
(2) An attorney;
(3) An accountant, but only in a tax protest
				matter; or,
(4) A representative
				who has been pre-approved by the Commission to represent the
				taxpayer/registrant.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 25 - Motor Carrier Tax and Registration Protests › Section 165:5-25-4 - Burden of proof

Current through Vol. 41, No. 20, July 1, 2024
In all administrative proceedings, unless otherwise provided
				  by law, the burden of proof shall be upon the taxpayer/registrant to show in
				  what respect the action or proposed action of the Commission is incorrect. If,
				  upon hearing, the taxpayer/registrant fails to make a prima facie case, the
				  Administrative Law Judge may recommend that the Commission deny the application
				  solely upon the grounds of failure to prove sufficient facts which would
				  entitle the taxpayer/registrant to the requested relief.
Added at 23 Ok Reg 506,
				  eff 12-19-05 (emergency); Added at 23 Ok Reg 2225, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 25 - Motor Carrier Tax and Registration Protests › Section 165:5-25-5 - Effective date of the Subchapter

Current through Vol. 41, No. 20, July 1, 2024
The provisions of this Subchapter shall govern all
				  proceedings and cases commenced after this Subchapter becomes effective, and
				  all subsequent proceedings in cases then pending, except to the extent that in
				  the opinion of the Commission or the Administrative Law Judge, the application
				  of this Subchapter in a pending case would not be feasible or would create an
				  injustice.
Added at 23 Ok Reg 506,
				  eff 12-19-05 (emergency); Added at 23 Ok Reg 2225, eff
				  7-1-06