reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 1 - Organization and Procedure of Oklahoma Water Resources Board › Subchapter 9 - Time Periods for Permit and License Issuance and Denial › Section 785:1-9-2 - Permit and license applications subject to rule

Current through Vol. 41, No. 20, July 1, 2024
Permit and license applications subject to this subchapter include the
											  following:
(1) Application for permits and licenses considered under
										Chapter 15 on Weather Modification;
(2) Applications for permits
										to appropriate stream water and notices of completion of works considered under Chapter 20 on Appropriation
										of Stream Water;
(3) Applications for approval of plans and
										specifications to construct, enlarge, alter, remove or repair a dam and notices of completion of works
										considered under Chapter 25 on Dams and Reservoirs;
(4)
										Applications to use groundwater considered under Chapter 30 on Taking and Use of Groundwater;
(5) Applications for licenses and certifications considered under Chapter
										35 on Well Driller and Pump Installer Licensing;
(6) Applications
										for development permits considered under Chapter 55 on Development on State Owned or Operated Property Within
										Floodplain;
(7) Applications for renewal or modification of
										permits, licenses or certifications listed in paragraphs (1) through (6) of this section.
Added at 10 Ok Reg 3267, eff
											  6-25-93; Amended at 23 Ok Reg 3074, eff 7-27-06
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 1 - Organization and Procedure of Oklahoma Water Resources Board › Subchapter 9 - Time Periods for Permit and License Issuance and Denial › Section 785:1-9-3 - Extension of time period allowed, written reasons

Current through Vol. 41, No. 20, July 1, 2024
(a) The time period set forth in
										785:1-9-1
shall only be extended by agreement with
the applicant for the license or permit or
if circumstances beyond the
Board's
control prevent the
Board
from
										meeting
[27A: 11] the time period set forth in
										785:1-9-1.
(b)
If the Board
fails to issue or deny a permit
										or license within the required time period
set forth in
										785:1-9-1
because of circumstances outside of the
Board's
control, the
Board upon
										request shall state
in writing the reasons such licensing or permitting is not ready for issuance or
										denial
[27A:11].
Added at 10 Ok Reg 3267, eff
											  6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 1 - Organization and Procedure of Oklahoma Water Resources Board › Subchapter 9 - Time Periods for Permit and License Issuance and Denial › Section 785:1-9-4 - Resolve individual proceeding in accordance with rules and statutes

Current through Vol. 41, No. 20, July 1, 2024
Any...matter
before the Board
requiring an
											  individual proceeding shall be resolved in accordance with this
Title of the rules
and any
											  applicable statutes
[27A:11].
Added at 10 Ok Reg 3267, eff
											  6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 1 - Organization and Procedure of Oklahoma Water Resources Board › Subchapter 13 - Drought Responses › Section 785:1-13-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to set forth the intent and policies of
											  the Board in responding to drought conditions declared to exist by the Governor.
Added at 16 Ok Reg 409, eff 10-22-98
											  (emergency); Added at 16 Ok Reg 2679, eff 7-1-99
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 1 - Organization and Procedure of Oklahoma Water Resources Board › Subchapter 13 - Drought Responses › Section 785:1-13-2 - Responses to drought

Current through Vol. 41, No. 20, July 1, 2024
When the Governor declares, through proclamation, declaration, executive
											  order or otherwise, that a drought emergency or disaster exists, the Board may respond to the drought
											  condition, including but not limited to the following ways:
(1)
										Expedite the processing of applications for financial assistance for water resource projects that are
										intended to relieve drought conditions and specifically waive particular rules as necessary;
(2) Expedite the processing of applications for permits to use
										water;
(3) Coordinate with other state and federal agencies,
										including but not limited to the United States Army Corps of Engineers and the Oklahoma Department of Civil
										Emergency Management, to gather and disseminate information related to raw and treated water availability and
										drought conditions;
(4) Establish a Drought Relief Grant Account
										of the Water Resources Fund and direct funds received from state and federal agencies for drought relief into
										that account; and
(5) Utilize emergency drought funding from
										federal agencies and other sources for projects to relieve drought conditions. Except as specified below,
										applications for such funding may be submitted by eligible entities as defined by law, including but not
										limited to counties, municipalities and rural water districts. Applicants for drought relief funding shall
										provide at least fifteen percent (15%) match funding. Additional consideration shall be given to projects
										that will benefit the most people for the least amount of funds. Priorities will be given for project
										purposes in the following order:
(A) Human consumption, including but not
										limited to projects for public water supply and domestic use by extending public water supply intake
										structures into reservoir areas to reach water, acquiring tanks, tankers, temporary lines, pumps and
										appurtenant equipment by purchase or lease, or providing funding for eligible entities to acquire the same to
										transport water;
(B) Agriculture and farm supply, including but
										not limited to projects to provide water for domestic farm animals by pasture taps from public water supply
										sources and for construction of public water loading structures;
(C) Projects to increase storage capacity in reservoirs, farm ponds and
										gully plugs from applications submitted by Boards of County Commissioners; and
(D) Fire protection.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 1 - Organization and Procedure of Oklahoma Water Resources Board › Subchapter 13 - Drought Responses › Section 785:1-13-3 - Authority of Drought Committee in drought conditions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
This section shall apply
										during drought emergencies or disasters declared to exist by the Governor.
(b)
Use of funds; agreements.
The Board or the Drought
										Committee of the Board may approve use of funding that may be available for drought relief projects to
										address water needs for human consumption and to enter agreements with other federal and state agencies and
										other entities as necessary for such purposes. Reports of all such agreements entered into by the Drought
										Committee shall be presented to the full Board. In addition to funds that may be available in the Drought
										Relief Grant Account, the Board or its Drought Committee may approve use of up to $300,000.00 during any
										single drought emergency or disaster from the Emergency Grant Account of the Water Resources Fund established
										by Section
										1085.39
										of Title 82 of the Oklahoma Statutes to fund drought relief projects of eligible entities to address water
										needs for human consumption.
Added at 16 Ok Reg 409, eff 10-22-98
											  (emergency); Added at 16 Ok Reg 2679, eff 7-1-99; Amended at 17 Ok Reg 2751, eff
											  7-1-00
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 1 - General Provisions › Section 785:4-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter set forth the requirements and procedures for
											  conducting hearings, issuing orders and considering post-hearing actions.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 1 - General Provisions › Section 785:4-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the
											  following meaning, unless the context clearly indicates otherwise:
"APA"
means and refers to the Oklahoma Administrative
											  Procedures Act set forth in 75 O.S. 1981, §§301 et seq., as amended.
"Application"
means a formal request to the Board and the
											  first step required by law to acquire the right to perform or engage in activities regulated by the
											  Board.
"Board"
means the Oklahoma Water Resources Board or any
											  employee or agent or staff member thereof.
"Executive Director"
means the Executive Director of the
											  Oklahoma Water Resources Board.
"Interested party"
means party.
"Interested person"
means one whose interests could be
											  adversly affected by any proceeding.
"Party"
means a person or agency named and participating, or
											  properly seeking and entitled by law to participate, in hearings other than hearings on Board rules,
											  regulations and standards.
"Person"
means any individual, firm, partnership,
											  association, corporation, business or public trusts, federal agency, state agency, the State or any political
											  subdivision thereof, municipalities, and any other duly constituted legal entity.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 3 - Board Hearings › Section 785:4-3-1 - Conducting hearings

Current through Vol. 41, No. 20, July 1, 2024
The Board may hold hearings on any matter within the Board's
											  jurisdiction. Hearings may be instituted and conducted where expressly required by law and where deemed
											  necessary to the proper execution and discharge of any of the powers or duties conferred or imposed upon the
											  Board by law. Hearings may be instituted by written application, petition, complaint (herein generally and
											  collectively referred to as "application") or other similar request of an interested or aggrieved person or
											  by the Board on its own motion.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 3 - Board Hearings › Section 785:4-3-2 - Laws governing hearings

Current through Vol. 41, No. 20, July 1, 2024
All hearings shall be held in accordance with the governing and
											  applicable provisions of Title 82 of the Oklahoma Statutes, the APA and the rules of this
											  Subchapter.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 3 - Board Hearings › Section 785:4-3-3 - Types of hearings

Current through Vol. 41, No. 20, July 1, 2024
The Board may conduct general or individual hearings:
(1) General hearings include hearings on matters of general statewide,
										regional or area-wide interest, concern and applicability. These matters may directly or indirectly affect
										interests of individual persons and may result in the adoption of rules or the issuance of orders. Examples
										of general hearings include hearings to determine prior groundwater rights and maximum annual ground water
										basin yields, and hearings on the formation of special purpose water districts and hearings on Board rules,
										regulations and standards. Hearings on maximum annual groundwater basin yields shall be evidentiary type
										hearings conducted pursuant to Article II of the APA. Hearings on Board rules, regulations and standards
										shall be conducted according to the requirements of the APA and other applicable laws.
(2) Individual hearings are hearings held on matters directly affecting the
										interests of an individual person or persons and resulting in the issuance of an Order. Examples of
										individual hearings include hearings on permit applications and petitions and violation hearings.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 3 - Board Hearings › Section 785:4-3-4 - Hearing Examiners

Current through Vol. 41, No. 20, July 1, 2024
(a)
Who may be Hearing Examiners.
Hearings may be conducted by
										authorized and designated Hearing Examiners. Any Board member, the Board Executive Director or Assistant
										Director, any authorized Board staff member, staff attorneys, the Attorney General or Assistant Attorney
										General or any other Board authorized person may serve as Hearing Examiner.
(b)
General authority of Hearing Examiners.
Hearing Examiners
										are authorized to supervise, direct, preside over and conduct the hearing proceedings; to make and enter
										interlocutory rulings; to make and enter rulings on procedural or evidentiary questions or objections; to
										make and enter rulings on any other motions or objections arising during the course of the hearing; and,
										generally, to do all things necessary and incidental to conducting and completing the hearing and all other
										acts authorized under this Chapter.
(c)
Assistance.
Where deemed necessary, the Hearing Examiner may designate any Board staff member to assist the Hearing
										Examiner in the conduct of the proceedings or to aid the Hearing Examiner in an advisory capacity.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 3 - Board Hearings › Section 785:4-3-5 - Location of hearings

Current through Vol. 41, No. 20, July 1, 2024
Hearings may be held at the main offices of the Board in Oklahoma City,
											  at any designated branch office of the Board or at such other location as may be designated by law, the rules
											  of this Subchapter, the Hearing Examiner or the Board.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 3 - Board Hearings › Section 785:4-3-6 - Record of hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Recording; transcriptions.
All testimony and evidence given
										at hearings shall be recorded electronically, but shall be transcribed only upon
order of the
										reviewing court
[75:309] pursuant to the APA or upon other proper request of an interested party of
										record and pre-payment of the estimated cost of transcribing.
Costs of transcription of the
										recordings shall be borne by the party requesting the transcription. For judicial review, electronic
										recordings of an individual proceeding, as certified by the Board may be submitted to the reviewing court
										without transcription unless otherwise required to be transcribed by the reviewing court
[75:309].
(b)
Court reporter.
Any party desiring the
										taking of stenographic notes by a qualified court reporter must make such request in writing to the Board and
										submit the name of a qualified reporter who is available on the date set for hearing. The party requesting
										the reporter shall bear the expense of the reporter's attendance fees. If the reporter's transcript is deemed
										by the Board to be the official transcript of the hearing, the party requesting the reporter shall furnish
										the Board a transcript free of charge.
(c)
Other electronic
										recording.
Electronic recording of hearings other than that provided under this rule may be made at
										the discretion of the hearing examiner; provided that any such recording or transcript thereof shall not be
										made a part of the official record of proceedings nor shall such recording be used in any way to challenge or
										impeach the official record of the proceedings.
Amended at 10 Ok Reg 3271, eff
											  6-25-93; Amended at 11 Ok Reg 2907, eff 6-13-94
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 3 - Board Hearings › Section 785:4-3-7 - Notice and scheduling of hearings

Current through Vol. 41, No. 20, July 1, 2024
The Hearing Examiner shall give notice of the hearing within sixty (60)
											  days of receipt of the evidentiary file submitted by the Board's Office of General Counsel. The hearing shall
											  be scheduled at least thirty (30) days from the date of the notice, subject to continuances as provided in
											  section 785:4-5-5(a).
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 5 - Pre-Hearing Actions and Proceedings › Section 785:4-5-1 - Pre-hearing discovery

Current through Vol. 41, No. 20, July 1, 2024
When deemed necessary and proper for the purposes of a hearing,
											  pre-hearing discovery by an interested party may be allowed by the Hearing Examiner as provided under the APA
											  and the rules in this Chapter. Depending upon the nature of the hearing, pre-hearing discovery may be
											  requested at any time subsequent to the filing (and acceptance for filing) of an application or petition, or
											  otherwise, at any time subsequent to the institution of proceedings on the application. The party requesting
											  discovery shall submit a proposed schedule for discovery to be agreed upon and signed by the parties and for
											  approval and signature by the Hearing Examiner. The joint schedule may include, but need not be limited to,
											  requests for discovery, objections to discovery requests, responses to discovery requests to which there are
											  no objections, exchange of exhibits to be introduced at the hearing, and a list of witnesses that may be
											  called at the hearing. The parties may agree to close discovery in the proceedings under the joint schedule
											  within a reasonable time before the date of the hearing, but not later than fifteen (15) days before the
											  hearing. The Hearing Examiner must resolve disputes regarding discovery or disputes regarding compliance with
											  the joint scheduling order as soon as possible so that the parties may continue to comply with the joint
											  scheduling order. Requests for pre-hearing discovery must be timely made and the Hearing Examiner may impose
											  reasonable and necessary limitations on the scope of discovery and the period of time within which discovery
											  requests may be presented and entertained.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 5 - Pre-Hearing Actions and Proceedings › Section 785:4-5-1.1 - Mediation

Current through Vol. 41, No. 20, July 1, 2024
After receipt of a protest that meets the requirements of section
											  785:4-5-4(b),
											  the Board staff may schedule a mediation meeting with the parties to attempt a compromise and settlement of
											  the protest. A statement concerning the outcome of the mediation meeting if one is held will be prepared and
											  placed into the record by the person conducting the mediation. If the protest is not settled, the person
											  conducting the mediation for the Board should not be designated as hearing examiner for further proceedings
											  on the matter unless the parties agree.
Added at 25 Ok Reg 1436, eff
											  5-27-08
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 5 - Pre-Hearing Actions and Proceedings › Section 785:4-5-2 - Pre-hearing conferences

Current through Vol. 41, No. 20, July 1, 2024
(a)
Directing appearance; notice.
In any hearing proceeding,
										the Hearing Examiner may direct, on the Examiner's own motion or at the request of an interested party, that
										the parties appear for a pre-hearing conference. Interested parties of record shall be notified of such
										conferences in advance.
(b)
Matters subject of pre-hearing
										conference.
Pre-hearing conferences may be held to facilitate and expedite notice and simplification
										of issues presented; admissions and stipulations; the identification of documents and witnesses proposed to
										be offered; discovery and production of relevant documents and other information; and any other matters as
										may aid in the conducting of the hearing.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 5 - Pre-Hearing Actions and Proceedings › Section 785:4-5-3 - Witnesses and subpoenas

Current through Vol. 41, No. 20, July 1, 2024
The Hearing Examiner, on the Examiner's own motion or at the request of
											  an interested party, may, in the name of the Board, issue subpoenas for witnesses and/or the production of
											  books, records, papers or other information or objects. Subpoenas may be personally served by any Board staff
											  member or by certified mail, return receipt requested. Subpoenas must be served no less than three (3) days
											  prior to the date of the hearing. The issuance of subpeonas or subpoenas duces tecum or requests to quash the
											  same shall be governed by provisions of the APA.
Amended at 10 Ok Reg 3271, eff
											  6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 5 - Pre-Hearing Actions and Proceedings › Section 785:4-5-4 - Application protests; comments and objections

Current through Vol. 41, No. 20, July 1, 2024
(a)
Who may file.
Any interested
										person may file a written protest, objection or comment to any permit application, petition or other matter
										subject of a hearing. Persons signing form letters, multiple letters containing substantially similar or
										duplicate text or information, or persons signing written submittals in petition format containing multiple
										signatures, may not be considered parties to a proceeding unless all requirements specified in subsection b
										are set forth for each person signing such letters or petitions.
(b)
Requirements for protests; standing.
Protests must be
										filed with the Board in writing and must contain the following information:
(1) Name, telephone number, e-mail (if available) and postal address of the
										interested person;
(2) The application to which the protest
										relates;
(3) Specific information to show how approval of the
										application, petition or action proposed may directly and adversely affect legally protected interests of the
										person filing the protest; and
(4) A statement of the relief
										sought by the interested person.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 5 - Pre-Hearing Actions and Proceedings › Section 785:4-5-5 - Pre-hearing continuances, informal disposition by stipulation, agreed settlement or consent order

Current through Vol. 41, No. 20, July 1, 2024
(a) Continuances may be requested not more than five (5) days prior to the
										hearing be telephone, followed by a written request, and may be granted by the Hearing Examiner if all
										parties of record agree or otherwise at the discretion of the Hearing Examiner.
(b) In enforcement actions initiated by Board staff, informal disposition
										of the matter subject of the hearing may be made by stipulation, agreed settlement or consent order. A
										proposed stipulation, agreed settlement or consent order, acceptable to Board staff and respondent, shall be
										presented to the Hearing Examiner for recommendation to the Board. The recommendation of the Hearing
										Examiner, along with the proposed stipulation, agreed settlement or consent order, shall be forwarded to the
										Board for consideration without further hearing or findings of fact and conclusions of law (see also
										785:4-9-1
										).
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 5 - Pre-Hearing Actions and Proceedings › Section 785:4-5-6 - Electronic mail notice

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may allow protests, comments and objections to applications
										to be submitted through electronic mail to an e-mail address specified in the notice of
										application.
(b) Unless a request is made to provide notice to a
										U.S. Postal Service address, persons who submit protests, comments or objections by electronic mail will be
										given notice to the electronic mail address from which the protest, comment or objection was received, unless
										another electronic mail address is provided.
(c) Hard copies of
										electronic mail messages and attachments sent or received by the Board relating to applications, protests,
										comments and objections and will be made and placed in the application file.
Added at 23 Ok Reg 3076, eff
											  7-27-06
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 5 - Pre-Hearing Actions and Proceedings › Section 785:4-5-7 - Motions, requests and orders

Current through Vol. 41, No. 20, July 1, 2024
(a) Except for oral motions made in proceedings on
										the record, or where the Hearing Examiner otherwise direct, each motion shall:
(1) Be in writing; and
(2)
										Contain a concise statement of supporting grounds.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 7 - Conduct of Hearings › Section 785:4-7-1 - Opening of hearings and general supervision of hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) The Hearing Examiner shall open
										the hearing at the time and place scheduled by the Hearing Examiner. The Hearing examiner shall state the
										purpose of the hearing and read and admit into evidence and the record the following:
(1) The application which initiated the proceeding;
(2) The notice of application;
(3) The affidavit of publication or other proof of service of notice
										required by law;
(4) All other pleadings and documents submitted;
										and
(5) Any protests which have been filed.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 7 - Conduct of Hearings › Section 785:4-7-2 - Proper notice

Current through Vol. 41, No. 20, July 1, 2024
After opening the hearing, the Hearing Examiner shall determine whether
											  notice of the application was properly given as required by law. If a proof of publication affidavit by the
											  newspaper publisher is not available at the hearing, the Hearing Examiner may at the Hearing Examiner's
											  discretion leave the record open for late-filing of such proof of publication, provided that the matter
											  subject of the hearing shall not be presented to the Board for consideration until such proof of publication
											  showing that notice was properly published is filed. If the notice given is inaccurate as to matters to be
											  considered at the hearing, the Hearing Examiner shall recess the hearing and consult with the Executive
											  Director, Assistant Director and/or General Counsel concerning the inaccuracy and related matters of due
											  process in determining whether the notice is materially, substantially or prejudicially defective in form or
											  content. Should it be determined that the required notice was not given or is materially, substantially or
											  prejudicially defective in form or content, the Hearing Examiner shall adjourn the hearing, set a new hearing
											  date and a new and proper notice thereof shall be given. In addition to the required notice, all interested
											  parties of record shall be given written notice of the new hearing date by the Hearing
											  Examiner.
Amended at 10 Ok Reg 3271, eff
											  6-25-93; Amended at 11 Ok Reg 2907, eff 6-13-94
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 7 - Conduct of Hearings › Section 785:4-7-3 - Appearances

Current through Vol. 41, No. 20, July 1, 2024
(a) After opening the hearing and making a determination on notice, the
										Hearing Examiner shall require that all interested parties enter their appearances for the record by
										indicating on the attendance sheet or stating their names, addresses, who they represent if other than
										themselves and whether they are appearing in support of or in opposition to the application.
(b) Interested parties may appear personally, by authorized representative
										and/or by legal counsel, provided, attorneys appearing as legal counsel for and in behalf of an interested
										party must be duly licensed to practice law by the Oklahoma Supreme Court.
(c) In protested proceedings including enforcement actions initiated by
										Board staff and unless otherwise waived by the Board, the applicant and protestants or respondents, as the
										case may be, must appear at the hearing, either personally, by representative or by legal counsel. The
										failure of an interested party to appear shall be deemed to constitute default and abandonment of interest by
										the party failing to appear and shall preclude the party from being heard further unless good cause for such
										failure to appear is shown within five (5) days from the date of the hearing.
(d) If a respondent party fails to appear without good cause shown, the
										allegations set forth in the Board's notice and supplemental statement thereto, if any, shall be deemed
										confessed, and the Hearing Examiner may recommend a default order based thereon to the Board without further
										notice to such defaulting respondent.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 7 - Conduct of Hearings › Section 785:4-7-4 - Presentation of evidence and examination of witnesses

Current through Vol. 41, No. 20, July 1, 2024
After all interested parties have entered their appearances, the Hearing
											  Examiner shall proceed to admit into evidence any additional statements filed and then proceed to entertain
											  presentation of evidence and testimony. The testimony of a witness shall be taken only upon oath or
											  affirmation. Witnesses may be sworn individually or as a group. Each party shall have the right to call and
											  examine witnesses, to introduce exhibits, to crossexamine opposing witnesses on any matter relevant to the
											  issues even though that matter was not covered in the direct examination, to object to the introduction of
											  evidence, to impeach any witness regardless of which party called him first to testify, to rebut evidence
											  presented, and to call and examine an adverse party or witness as if under cross-examination. Board members
											  and staff may participate as appropriate, using their technical knowledge and experience for the primary
											  purpose of developing a full, fair, accurate and complete hearing on all issues relevant to the hearing.
											  Questioning of witnesses will generally be permitted only by the attorneys of parties so represented, or by
											  parties appearing on their own behalf, or by members of the Board or its staff.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 7 - Conduct of Hearings › Section 785:4-7-5 - Evidence

Current through Vol. 41, No. 20, July 1, 2024
(a) As
										provided under the APA, the strict and formal rules of evidence and pleadings such as are applied and prevail
										in a court of law need not be observed in Board hearings.
(b) All
										evidence and testimony offered must be relevant and material to the matter subject of the application and
										hearing. Evidence and testimony which is clearly irrelevant, immaterial, incompetent or unduly repetitious or
										cumulative may be excluded or limited.
(c) Evidence may be
										received by stipulation and agreement of all interested parties. Documentary evidence may be received in the
										form of copies or excerpts if the original is not readily available and upon request, an interested party may
										be given the opportunity to compare the copy submitted to the Hearing Examiner. Documentary exhibits should
										not exceed eight and one-half (8 1/2) by fourteen (14) inches. The size of maps and drawings which are
										entered as exhibits should be limited or copies reduced in size in order to not unduly encumber the record.
										Each exhibit offered shall be tendered for identification and placed on file. No exhibit shall be filed after
										the conclusion of the hearing unless provision is made for holding the record open.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 7 - Conduct of Hearings › Section 785:4-7-6 - Waiving necessity of oral testimony

Current through Vol. 41, No. 20, July 1, 2024
The Hearing Examiner may waive presentation of oral testimony in
											  uncontested proceedings where all evidence required for the issuance of an order has been sworn under oath or
											  verified and any other evidence or facts necessary to the proceedings is a matter of which the Hearing
											  Examiner may properly take official notice.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 7 - Conduct of Hearings › Section 785:4-7-7 - Evidence by reference and official notice

Current through Vol. 41, No. 20, July 1, 2024
Files and records of the Board which pertain to the subject of the
											  hearing, and books, reports, and other papers or writings which have been prepared and published by any
											  governmental or public agency may, at the discretion of the Hearing Examiner, be officially noticed and
											  received into evidence as exhibits and incorporated by reference without the necessity of supplying copies to
											  the Board and other parties, providing, the original or a copy is in the possession of the Board and
											  available for inspection by any party. The parties offering same shall designate the particular portions on
											  which they rely. Each such matter shall be appropriately identified and designated by number in the record as
											  an exhibit of the party offering same or of the Board or its staff. Certification of such files and records
											  may be waived when it appears there is no valid reason to doubt the authenticity of the document presented.
											  Official notice may also be taken of judicially cognizable facts and of any generally recognized technical or
											  scientific facts within the Board's specialized knowledge.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 7 - Conduct of Hearings › Section 785:4-7-8 - Evidentiary objections and exceptions

Current through Vol. 41, No. 20, July 1, 2024
Objections to evidence may be made and "sustained" or "overruled" by the
											  Hearing Examiner. If a party objects to the introduction of certain evidence and is overruled by the Hearing
											  Examiner, formal exception to such ruling is not necessary. Evidence excluded may be identified and included
											  in the record and offers of proof may be made for the purpose of preserving the objection to the
											  exclusion.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 7 - Conduct of Hearings › Section 785:4-7-9 - Hearing continuances, adjournments and leaving the record open

Current through Vol. 41, No. 20, July 1, 2024
(a) The Hearing Examiner may, at
										the Examiner's discretion, continue or adjourn a hearing to another date. Hearing continuances may be granted
										at the request of an interested party for good cause shown or by agreement of all interested parties or may
										be ordered on motion of the Hearing Examiner. Continuances or adjournments for further hearing shall be to a
										date, time and place certain announced in open session of the hearing. The party at whose request the
										continuance was granted or ordered shall notify all other interested parties of record of the date, time and
										place for further hearing.
(b) At the conclusion of a hearing,
										the Hearing Examiner may, at the Examiner's discretion for good cause shown and without prejudice to any
										interested party, leave the hearing record open to allow presentation of additional material or information
										necessary to a full, fair and complete submission and disposition of the matter subject of the
										hearing.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 7 - Conduct of Hearings › Section 785:4-7-10 - Proposed order of parties

Current through Vol. 41, No. 20, July 1, 2024
Upon conclusion of a hearing interested parties may, upon request, be
											  allowed to file legal memorandums, briefs and proposed findings of fact, conclusions of law and Board Order
											  for review and consideration by the Hearing Examiner. Unless otherwise allowed or ordered by the Hearing
											  Examiner, any such memorandums, briefs or proposed Orders of an interested party must, to be given
											  consideration, be submitted to the Hearing Examiner within five (5) days from the date of the
											  hearing.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 7 - Conduct of Hearings › Section 785:4-7-11 - Closing the record and submission of cause for ruling

Current through Vol. 41, No. 20, July 1, 2024
After all interested parties have had an opportunity to be heard and
											  present evidence, and after expiration of any additional time allowed, the hearing shall be deemed completed
											  and submitted for Final Order and ruling and the hearing record shall be deemed closed unless otherwise
											  ordered by the Hearing Examiner. The subject matter of the hearing shall thereupon be taken under advisement
											  for final decision and Order by the Board.
Amended at 10 Ok Reg 3271, eff
											  6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 9 - Post-Hearing Actions and Proceedings › Section 785:4-9-1 - Hearing Examiner's proposed order and exceptions

Current through Vol. 41, No. 20, July 1, 2024
(a) As expeditiously as possible after
										completion of the hearing, the Hearing Examiner shall review, consider and evaluate all matters presented and
										relevant to the hearing issues, and, based thereon, the Hearing Examiner shall prepare a proposed Final Order
										containing necessary findings of fact and conclusions of law.
(b)
										The Examiner's proposed Order shall be presented to the Board in regular and open session, for its review,
										consideration and action.
(c) All interested parties of record
										shall be served a copy of the Examiner's proposed Order at least fifteen (15) days prior to the regular Board
										meeting at which the Order is to be presented for Board consideration and action. For purposes of this
										subsection, service shall be deemed to occur upon delivery of the proposed order to the U.S. mail or other
										carrier.
(d) Each party who would be adversely affected by the
										order as proposed shall have opportunity to file exceptions thereto, provided that said exceptions shall be
										filed no later than three days before the regular meeting of the Board at which the proposed order is to be
										considered.
(e) In uncontested matters, informal summary
										disposition may be made by placing such matters on the Board's agenda without the necessity of preparing
										proposed Final Orders.
Amended at 10 Ok Reg 3271, eff
											  6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 9 - Post-Hearing Actions and Proceedings › Section 785:4-9-2 - Board consideration and action

Current through Vol. 41, No. 20, July 1, 2024
(a) At the regular meeting of the Board in which
										an Examiner's proposed Order or recommended summary disposition is to be considered and acted upon by the
										Board, no new testimony or evidence may be presented or entertained. Upon request, briefs and oral arguments
										on the Examiner's proposed Order may be presented, but a reasonable time limit for argument shall be
										fixed.
(b) Upon a motion by one of the Board members the matter
										will be voted on. The minutes of the meeting pertaining thereto, including the motion and vote thereon, shall
										be recorded in the permanent minute records of the Board. In cases where an application for a permit has been
										duly considered and granted by the Board, under such terms and conditions as the Board may prescribe, the
										formal permit so granted shall forthwith be issued by the Executive Director pursuant to and in accordance
										with the Board Order. All parties of record shall be furnished a copy of the approved Final Order of the
										Board either personally or by certified mail, return receipt requested.
Amended at 10 Ok Reg 3271, eff
											  6-25-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 9 - Post-Hearing Actions and Proceedings › Section 785:4-9-3 - Reconsideration and appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) As allowed by and subject to compliance with the requirements imposed
										under the APA, any interested party may request rehearing, reopening or reconsideration of any final Board
										action, decision or Order. The Board may, at any time and on its own motion, order rehearing, reopening or
										reconsideration of any Board action, decision or Order.
(b)
										Appeals from any final Board action, decision or ruling may be taken as allowed and provided by and subject
										to the requirements of the APA. Subject to the provisions of the APA and unless otherwise directed or ordered
										by the Board, no Board action, decision or Order shall be stayed or deemed stayed pending rehearing,
										reopening, reconsideration or appeal.
(c) In any action other
										than an appeal in which a challenge to the Board's jurisdiction to issue an order or decision is made, the
										Board's jurisdiction shall be determined by the face of the proceedings which shall consist of:
(1) The application or other document initiating the proceedings.
(2) Process given, including proof of publications and affidavits of
										mailing.
(3) The Board's order or approved minutes reflecting the
										decision.
(4) The permit, rules or other document issued pursuant
										to such order or decision.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 4 - Rules of Practice and Hearings › Subchapter 11 - Mediation Procedures › Section 785:4-11-1 - Mediation

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board is authorized to
review disputes involving service
										areas or territories, rates for raw or treated water, and abrogation clauses in contracts among
										municipalities and rural water districts or not-for-profit rural water corporations; to recommend mediation
										and refer parties in appropriate disputes to mediators and provide technical information to such mediators;
										and to recommend other means of resolving disputes....
[82:1085.2(16)]
(b) As soon as possible after receiving notice of a dispute, the Board
										staff shall attempt to contact the appropriate representatives of the parties to the dispute to schedule a
										meeting with such representatives. From information obtained at such meetings or otherwise, staff shall
										present a recommendation about resolution of the dispute to the Board.
Added at 12 Ok Reg 2665, eff
											  7-1-95
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 5 - Fees › Subchapter 1 - General Provisions › Section 785:5-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter are to specify the fees and charges to be
											  collected by the Board for applications, copies, filing papers, making records, providing transcripts and
											  other specified services, all as authorized by 82 O.S. §§ 1085.2(9) and 1087.15.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 5 - Fees › Subchapter 1 - General Provisions › Section 785:5-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the
											  following meaning, unless the context clearly indicates otherwise:
"APA"
means and refers to the Oklahoma Administrative
											  Procedures Act set forth in 75 O.S. §§ 301 et seq., as amended.
"Appropriation"
means the process under 82 O.S. §§
											  105 et seq., by which an appropriative stream water right is acquired. A completed appropriation results in
											  an appropriative right.
"Board"
means the Oklahoma Water Resources Board authorized
											  by law to make final adjudications, execute contracts, adopt rules and carry out other powers and duties set
											  forth by law or, for duties authorized by law to be delegated to the Executive Director, the Executive
											  Director or any employee or agent or staff member thereof as assigned by the Executive Director.
"Executive Director"
means the Executive Director of the
											  Oklahoma Water Resources Board.
"Groundwater"
means fresh water under the surface of
											  the earth regardless of the geologic structure in which it is standing or moving outside the cut bank of any
											  definite stream.
[82:1020.1]
"Person"
means any individual, firm, partnership,
											  association, corporation, business or public trusts, federal agency, state agency, the State or any political
											  subdivision thereof, municipalities, and any other duly constituted legal entity.
"Stream water"
means water in a definite stream and includes
											  but is not limited to water in ponds, lakes, reservoirs, and playa lakes.
Amended at 10 Ok Reg 3273, eff
											  6-25-93; Amended at 11 Ok Reg 2909, eff 6-13-94