Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 13 - Initial and Subsequent Proceedings › Section 165:5-13-2 - Setting of cases

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
All hearings on the merits shall be set before an
				Administrative Law Judge, unless otherwise ordered by the Commission.
(b)
Specially set.
By a motion,
				the applicant or any party of record or respondent may, at any time up to
				commencement of a hearing, request of the Commission that a case be specially
				set before the Commission for hearing. The Commission may advance any case by
				sua sponte order at any time.
(c)
Exceptions.
For purposes of OAC
				165:5-13-5, all exceptions to
				reports on hearings on the merits in oil and gas dockets, as defined in OAC
				165:5-5-1(a)(15),
				PSD, and petroleum storage tank related EN dockets shall be heard by an Oil and
				Gas Appellate Referee, unless the Commission orders otherwise. Hearing dates
				are to be secured prior to filing from the Oil and Gas Appellate Referee, or a
				docket clerk, if the Referee is unavailable prior to filing. The exceptions
				will be heard on that date or as soon as practicable. Exceptions in all other
				matters shall be set before the Commission, unless the Commission orders
				otherwise; hearing dates are to be secured from the Commission's Chairman's
				office prior to filing. Exceptions to reports on hearings on the merits on the
				MCC docket shall be governed by OAC
				165:5-13-5(a)(3).
(d)
Authority of Administrative Law
				Judge.
An Administrative Law Judge shall exercise all of the powers of
				the Commission in the conduct of a case. An Administrative Law Judge shall rule
				upon admission of evidence, and objections thereto, and upon any other motion
				or objection arising during the pendency of the case until the issuance of the
				report of the Administrative Law Judge. Review of a ruling of an Administrative
				Law Judge shall be by exceptions pursuant to OAC
				165:5-13-5, and any objection to
				a ruling or other action of such Administrative Law Judge not included in such
				exceptions and amendments thereto, shall be deemed to have been
				waived.
(e)
Hearings on the
				PUD and OSF dockets.
All hearings in cases filed pursuant to OAC 165:70,
				OAC 165:59, 17 O.S. §286, or 18 O.S. §438.31 et seq. shall be given
				priority status on the PUD and OSF dockets in order to comply with 17 O.S.
				§139.106, 17 O.S. §152, 17 O.S. §137 (I), 17 O.S. §286, and
				18 O.S. §438.31 et seq. and any time periods prescribed therein.
(f)
Hearings on the Petroleum Storage
				Tank docket.
All hearings regarding the exercise of the Commission's
				adjudicative authority pursuant to the Oklahoma Petroleum Storage Tank
				Consolidation Act, 17 O.S. §§301 et seq. shall be given priority
				status on the Petroleum Storage Tank docket ("PSD") in order to comply with 17
				O.S. §330 for the Commission to hear each case within one hundred eighty
				(180) days from the date of filing. See also OAC
				165:5-21-9.
Amended at 12 Ok Reg
				  2015, eff 7-1-95; Amended at 13 Ok Reg 1159, eff 11-15-95 (emergency); Amended
				  at 13 Ok Reg 2361, eff 7-1-96; Amended at 16 Ok Reg 829, eff 1-25-99
				  (emergency); Amended at 16 Ok Reg 2807, eff 7-15-99; Amended at 19 Ok Reg 1939,
				  eff 7-1-02; Amended at 27 Ok Reg 2098, eff
				  7-11-10