West Virginia Code of State Rules › Agency 39 - Oil And Gas Conservation Commission › Title 39 - LEGISLATIVE RULE WEST VIRGINIA OIL AND GAS CONSERVATION COMMISSION › Series 39-02 - Procedural Rules Of The Commission › Section 39-2-2 - Rules of Practice and Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Hearings -- The Commission Chairman shall preside over all hearings and meetings. In the event of the Chairman's absence, an appointed member of the Commission shall be elected by the members present to preside over the hearing or meeting.
2.2. Once a matter is heard by the Commission under the rules herein contained, the Commission will as soon as possible thereafter convene to deliberate the evidence and reach a conclusion as to the matters before the Commission. Upon consideration of the evidence, the Commission shall, by simple majority of the voting members present, vote and render a decision. The Commission will enter an order establishing its decision as soon thereafter as reasonably possible and issue an order defining its decision.
2.3. Conduct of attorneys before the Commission shall be the same as required of attorneys before the Circuit Courts of the State of West Virginia. Attorneys or persons representing themselves shall stand when addressing the Commission or a witness. Any person testifying in response to a subpoena or subpoena duces tecum issued by the Commission and any person testifying in support of an application, or in opposition thereto, shall be required to do so under oath or affirmation administered by the Commission. Witnesses shall be examined with courtesy and respect and their good faith shall be presumed.
2.4. Smoking shall not be permitted in the hearing room of the Commission, either during session or during recess. Taking photographs or broadcasting the proceedings in or from any hearing room or so close thereto as to disturb the order and decorum thereof either while the hearing is in session or at recess is prohibited.
2.5. The conduct and demeanor of attorneys and persons when present during the proceedings shall be such as to reflect respect for the dignity and authority of the Commission and to maintain the proceedings as an objective search for the applicable facts and the correct principles of law.
2.6. The electronic recording of any session is prohibited except as may be required by the Commission for preserving a record thereof for the use of the Commission in connection with the matter being heard. A transcript of testimony shall be taken and preserved as part of the permanent record. Interested parties may examine the official transcript or purchase a copy from the Commission.
2.7. In addition to any other notice required by law or this rule, any person who believes that he may be interested in any hearing before the Commission who has filed a request for notices, in writing, shall be entitled to receive a copy of the docket for the hearing mailed by the Commission not later than ten days before the date of the hearing. Upon request, such person will be furnished a copy of the application filed with the Commission.
2.8. In addition to any special hearings, which may be held, regularly scheduled meetings may be held by the Commission. Where circumstances permit, the Commission, after sounding the docket, may first call up and dispose of all noncontested matters and motions for continuance.
2.9. Any interested party may petition the Commission for the promulgation, amendment or repeal of any rule by filing a written petition setting forth such facts and arguments as support the petition. Upon receiving such petition, the Commission, as soon as practicable, shall either (a) deny the petition in writing (stating its reasons for denial), or (b) initiate rule-making proceedings pursuant to chapter twenty-nine-a, article threeor other appropriate provisions of the Code of the State of West Virginia.
2.10. Any person who is bound by any order of the Commission shall have the right to compel a hearing on the matter if no such hearing has been held.