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

Current through Vol. 41, No. 20, July 1, 2024
(a)
Document form.
All persons filing documents with the Court Clerk
				  shall file through the ECF System, unless otherwise authorized, directed, or
				  instructed by the Court Clerk, the Commission rules, the User Manual, or
				  Commission order. Documents presented in paper to the Court Clerk will only be
				  accepted and filed if such documents are submitted by a pro se filer or contain
				  confidential information as set forth in subsection (h), or otherwise
				  authorized, directed, or instructed by the Court Clerk, the Commission rules,
				  the User Manual, or Commission Order.
(b)
Document Format.
Documents
				  filed with the Court Clerk through the ECF System shall be in portable document
				  format ("PDF"), or another format stated in the User Manual. Documents filed in
				  paper format may be printed, typewritten or reproduced by any legible method.
				  All documents filed in paper format must be single-sided on 8 1/2" x 11" paper
				  and ready for digital processing and uploading to the ECF System by the Court
				  Clerk. Exceptions to the required document size may be allowed by the Court
				  Clerk for good cause shown. Quotations shall be indented. Subsequent to the
				  filing of the original application, every page of documents filed with the
				  Court Clerk shall contain a page number, the applicable subject matter docket
				  listed in OAC
				  165:5-5-1(a),
				  the case number assigned by the Court Clerk, and document type, e.g.,
				  application, motion, response, or brief. All filed documents must have a
				  continuous pagination for the entire document, including exhibits and
				  attachments. The original application shall include all this information,
				  except the case number, on each page. No document may be altered after filing;
				  pages may not be otherwise inserted and no interlineations, additions or
				  deletions may be made. If a filing error is made, the correct document or
				  information, as appropriate, shall be submitted as a separate filing to the
				  Court Clerk as soon as possible.
(c)
Filing stricken by motion.
Upon the motion of the Commission or Administrative Law Judge, or the filing of
				  a motion pursuant to OAC
				  165:5-9-2(b),
				  the Administrative Law Judge is authorized to recommend to the Commission an
				  order to strike the filing of any document containing defamatory, scurrilous or
				  improper language, or otherwise in violation of any of the rules of this
				  Chapter. In case of such recommendation to grant a motion to strike a filed
				  document, the subject document shall be presented to the Commission for ruling
				  on acceptability for filing.
(d)
Required information.
The requirements of this subsection shall
				  not be jurisdictional. All documents shall include the party's or attorney's
				  actual or electronic signature, typed name, business mailing address, telephone
				  number, and electronic mail address. All documents signed by an attorney shall
				  contain the name of the State Bar Association to which the attorney belongs and
				  his/her State Bar Association number. Anyone who disputes the authenticity of
				  any electronic signature may file an objection to the document within five (5)
				  business days of service.
(e)
Requirement conflicts.
Wherever any provision of the Constitution
				  or laws of Oklahoma makes a requirement as to notice or procedure which exceeds
				  or conflicts with any provision of the rules of this Chapter, the former shall
				  govern.
(f)
Informal
				  communications.
Nothing in the rules of this Chapter shall prohibit
				  informal inquiry or complaint to the Commission by mail, electronic mail, or in
				  person, which matters shall be handled administratively by the staff in an
				  effort to secure amicable adjustment or agreement among affected persons. No
				  official order shall be issued as a result of any informal proceedings.
(g)
Electronic Mail
				  transfers.
This subsection only applies if needed and if circumstances
				  warrant as an alternative, supplement, or complement to filing through the ECF
				  system and only pursuant to authorization, instructions, or directions by or of
				  the Court Clerk, the Commission rules, the User Manual, or Commission order.
(1) The Court Clerk shall accept pleadings
				  submitted by electronic mail, at an address posted to the Commission's website,
				  pending payment of the appropriate filing fees. A new case filing must be sent
				  to the Court Clerk by electronic mail before 3:30 p.m. of each business day,
				  otherwise it will have a file stamp reflecting the next regular business day.
(2) Unless otherwise delivered the
				  same day, if an application for emergency relief in a spacing, location
				  exception, increased density or multiunit horizontal well proceeding is
				  submitted by electronic mail, a copy of such emergency application shall be
				  sent by electronic mail to the Technical Services Department of the Commission
				  at an electronic mail address to be designated by the Director of the
				  Conservation Division, on the date of the filing.
(3) A CD case number may be requested by
				  sending an electronic mail to the Court Clerk with the entire caption of the
				  proposed application, a statement that only a case number is being requested,
				  and contact information for the party requesting the case number. This will not
				  be considered an electronic mail filing of the application and the date of
				  filing the application will be the date the complete application is received in
				  the Court Clerk's office or filed via ECF. In order to minimize gaps in the
				  numbering of cases, the case number requested by electronic mail must be
				  followed by filing original documents containing the exact same caption, within
				  three (3) business days of the request, or the case number will be cancelled
				  and may not be reused for any purpose.