Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 13 - Initial and Subsequent Proceedings › Section 165:5-13-5 - Exceptions to Report of Administrative Law Judge

Current through Vol. 41, No. 20, July 1, 2024
(a)
Reviewability.
Except as
				provided in OAC
				165:5-9-6(c) for
				rulings on continuances, any report from Administrative Law Judges shall be
				subject to review in the manner prescribed in this Section. Oral argument
				before the Commission is not a matter of right. If a party requests the
				Commission to hear oral arguments on any exceptions, a separate motion for oral
				argument of exceptions before the Commission must be filed. The Commission may
				deny a motion to entertain oral argument without a response being filed or
				hearing oral presentation on said motion.
(1)
Oral exceptions regarding motions and emergency matters.
Any
				person adversely affected by a decision of an Administrative Law Judge on the
				motion/emergency docket shall have no more than five (5) days in which to
				advise the Administrative Law Judge or Oil and Gas Appellate Referee, other
				parties of record, and Staff Counsel of his or her intent to lodge exceptions
				and any request for oral arguments on the exceptions before the Commission.
				Written exceptions shall not be required. Oral exceptions shall be set for
				hearing before an Oil and Gas Appellate Referee or an Administrative Law Judge,
				unless the Commission orders otherwise; regarding matters involving issues
				addressed in Chapters 10, 15, 16, 25, 26, 27, 28, and/or 29. Oral exceptions in
				all other matters shall be set for hearing before the Commission.
(2)
Exceptions to the report from the
				hearing on the merits.
Any person adversely affected by a report of an
				Administrative Law Judge from the hearing on the merits shall have ten (10)
				business days in which to file exceptions to the report before the Commission.
				To perfect exceptions, written exceptions and notice of hearing for the
				exceptions must be filed within ten (10) business days after filing of the
				Report of the Administrative Law Judge. The person filing exceptions shall
				serve copies of the exceptions and notice of hearing for the exceptions on all
				parties of record and the Administrative Law Judge or Oil and Gas Appellate
				Referee below. Such service shall be made not later than five (5) days after
				the expiration of the ten (10) business day period for filing the exceptions.
				In exceptions before the Commission arising from the Petroleum Storage Tank
				and/or Indemnity Fund, an additional ten (10) business days shall be allowed
				for the filing of cross exceptions. OAC
				165:5-13-2 shall govern the
				setting of the exceptions.
(3)
Exceptions to Report from the Motor Carrier Citation Docket.
Any
				party of record adversely affected by a recommendation of an Administrative Law
				Judge on the Motor Carrier Citation Docket shall have five (5) business days
				from the date the oral recommendation is made to request a report of the
				Administrative Law Judge for the purpose of filing written exceptions. The
				request shall be sent jointly to the Administrative Law Judge who issued the
				recommendation and all other parties of record. Written exceptions shall be
				filed within ten (10) business days of issuance of the written report. The
				hearing on the written exceptions shall be heard by an Administrative Law Judge
				on the next available Motor Carrier Citation Docket or at the Commission's
				discretion.