Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 9 - REQUEST FOR OUSF FUNDING › Section 165:59-3-72 - Request for reconsideration procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) The Request for Reconsideration and a
				  Notice of Prehearing Conference shall be filed with the Commission's Court
				  Clerk and provided to all parties of record on the same day it is filed. Any
				  party filing a Request for Reconsideration must be represented by an attorney,
				  as defined in OAC
				  165:5-1-3.
(b) Notice of the Request for Reconsideration
				  shall be given to the OUSF Administrator, the Oklahoma Attorney General, and
				  all parties to the cause, and shall be posted on the Commission's website by
				  the OUSF Administrator.
(c) Upon
				  filing the Request for Reconsideration and the Notice of Prehearing Conference,
				  the Request for Reconsideration shall, without Commission order, be assigned to
				  an ALJ, and set for hearing on the next regularly scheduled prehearing
				  conference date, which is at least five (5) business days after the date of
				  filing, unless the parties agree or the Commission directs otherwise.
(d) At the time a Request for Reconsideration
				  is filed, all documentation not contained in the public record and not filed in
				  the cause with the Commission's Court Clerk, relied upon by the OUSF
				  Administrator in making the Determination, shall be made available to the party
				  filing the Request for Reconsideration. No confidential information and/or
				  highly sensitive confidential information shall be provided until the
				  nondisclosure agreement, as approved pursuant to OAC 165:59:3-30(f) is signed
				  by the affected party. Additionally, all data requests issued with respect to a
				  Request for Reconsideration shall be answered within ten (10) business days,
				  unless otherwise agreed by the parties. Any prefiled testimony, statement of
				  position, or legal brief in support of the Request for Reconsideration shall be
				  filed with the Commission's Court Clerk within fifteen (15) calendar days of
				  the Request for Reconsideration, and provided to all parties of record on the
				  same day it is filed.
(e) Any
				  responsive prefiled testimony or responsive legal brief shall be filed with the
				  Court Clerk within ten (10) business days of the filing of the prefiled
				  testimony or legal brief, as referenced in subsection (d), and provided to all
				  parties of record on the same day it is filed.
(f) During the prehearing conference, the ALJ
				  shall identify any additional requirements for a procedural schedule, including
				  scheduling a hearing on the Request for Reconsideration, if deemed necessary by
				  the ALJ. The parties shall identify all witnesses or potential witnesses who
				  will provide testimony, and all witnesses or potential witnesses shall submit
				  prefiled testimony. The ALJ may determine that a hearing on the Request for
				  Reconsideration is not needed for causes without material disputes of fact or
				  if all parties waive cross-examination. The hearing on the Request for
				  Reconsideration shall be set within forty-five (45) calendar days of filing of
				  the Request for Reconsideration, unless the Commission orders otherwise. The
				  parties shall adhere to the procedural schedule set by the ALJ, without a
				  Commission order.
(g) The ALJ shall
				  issue an ALJ report containing the findings of fact, conclusions of law, and
				  recommendation within fifteen (15) business days of the hearing on the Request
				  for Reconsideration. If the ALJ determines no hearing on the Request for
				  Reconsideration is necessary, the ALJ shall issue an ALJ report as set forth
				  herein, no later than sixty (60) calendar days after the date the Request for
				  Reconsideration was filed.
(h)
				  Recommendations on motions, objections, and all filings made prior to the
				  issuance of an ALJ report shall be addressed by the ALJ in the ALJ report,
				  containing the recommendation on the merits of the Request for Reconsideration,
				  unless the Commission orders otherwise.
(i) Oral or written exceptions regarding
				  motions, objections, and all filings made prior to the issuance of an ALJ
				  report will not be allowed, unless the Commission orders otherwise. Exceptions
				  to the ALJ report, shall be governed under OAC
				  165:5-13-5(a)(2),
				  (b) and (c).
(j) A Request for Reconsideration may be
				  withdrawn at any time prior to opening of the record in the Hearing on the
				  Request for Reconsideration by filing a Withdrawal of Request for
				  Reconsideration with the Commission's Court Clerk. Upon filing a Withdrawal of
				  Request for Reconsideration, the Cause shall be closed by the Commission's
				  Court Clerk, without a Commission order, and payment shall be made within
				  forty-five (45) calendar days after filing the Withdrawal of Request for
				  Reconsideration.
(k) If the
				  Commission does not issue a final order within thirty (30) calendar days from
				  the date the Request for Reconsideration is filed, the Request shall be deemed
				  approved on an interim basis subject to refund with interest. To obtain interim
				  funding, the eligible local exchange telecommunications service provider or the
				  eligible provider must file notice with the Commission's Court Clerk of its
				  intention to seek interim funding. The OUSF Administrator shall pay the interim
				  funding within forty-five (45) calendar days upon receipt of notice.