Rule 1204.
(1) The
supervisor shall prepare and furnish the notice of hearing to the petitioner,
together with instructions for publication and service of the notice. Upon
receipt the petitioner shall serve copies of the notice of hearing on the last
known addresses of the last record owners, lessees, lessors, or other parties
of record in the register of deeds office or assessor's records, if
appropriate, who own interests in the lands that are the subject matter of the
proposed action, unless otherwise provided in these rules.
(2) If directed by the supervisor, the
petitioner shall also serve copies of the notice of hearing at the last known
addresses of the last record owners, lessees, lessors, or other parties of
record in the register of deeds office who own interests in all or part of the
quarter-quarter sections of land directly and diagonally adjacent to the lands
or areas that are the subject matter of the proposed action.
(3) The notice of hearing shall be published
by the petitioner in an oil and gas industry publication circulated in this
state and in a newspaper of general circulation in the county or counties
involved with the matter to be heard. Publication shall occur not less than 21
days before the date of the hearing. Affidavits of proof of publication shall
be filed with the supervisor before the date of the hearing.
(4) The notices of hearing shall be mailed
not less than 21 days before the date of the hearing. Affidavits of proof of
mailing by first-class mail or personal service shall be filed with the
supervisor before the date of the hearing. An affidavit of proof of mailing
shall state that the notice was deposited in the United States mail not less
than 21 days before the hearing date, first-class postage prepaid, addressed to
each person so served at his or her record address as set forth in the petition
pursuant to R 324.1202. Each person so served and his or her address of record
shall be specifically identified in the affidavit. The supervisor may require
service by certified mail, return receipt requested.
(5) If a hearing is initiated by the
supervisor, or if the scope of a hearing requested by a petitioner is enlarged
at the initiative of the supervisor, then the supervisor shall publish the
notice of hearing and may give additional notification of the hearing by United
States mail or personal service.
(6) An interested person shall not be
permitted to participate as a party in a hearing conducted pursuant to a
petition unless the person files an answer in a timely manner with the
supervisor and serves the answer to the petition upon the petitioner. The
answer shall be in writing and shall set forth the interested person's
positions with regard to the representations made or relief sought in the
petition. An interested person is responsible for requesting a copy of the
petition from the petitioner at the address set forth in the notice of hearing.
The petitioner shall mail or otherwise deliver a copy of the petition and
attachments to the interested person within 3 days after receipt of a written
request. Failure of the petitioner to mail or otherwise deliver a copy of the
petition to an interested person in a timely manner relieves the interested
person of the obligation to file an answer and the interested person shall not
be precluded from presenting evidence or cross-examining witnesses. An
interested person may mail or otherwise deliver his or her answer to the
supervisor and the petitioner. To be considered timely an answer must be
received by the supervisor and the petitioner not fewer than 5 days before the
date set for the hearing. Failure to file and serve an answer in a timely
manner precludes an interested person from presenting evidence at the hearing
or cross-examining witnesses. However, an interested person who does not file
an answer in a timely manner may make a nonevidentiary statement at the
hearing.
(7) The notice of hearing
shall contain the following statement:
You can obtain a copy of the written petition by requesting
one in writing from the petitioner at
____________________________________________________ . Take note that if you
wish to participate as a party in the hearing by presenting evidence or
cross-examining witnesses, you shall deliver to the petitioner and supervisor,
not less than 5 days before the hearing date, an answer to the petition in the
manner set forth in R 324.1204(6). Proof of mailing or delivering the answer
shall be filed with the supervisor on or before the date of hearing. The answer
shall state with specificity the interested person's position with regard to
the petition. Failure to prepare and serve an answer in a timely
manner shall preclude you from presenting evidence or cross-examining witnesses
at the hearing. If an answer to the petition is not filed, the supervisor may
elect to consider the petition and enter an order without oral
hearing.
(8)
Upon a showing that service of notice cannot reasonably be made as provided by
this rule, the supervisor may authorize service of the notice of hearing to be
made in another manner reasonably calculated to give the interested parties
actual notice of the proceeding and an opportunity to be heard. A request for
this authorization shall be made by verified motion. The motion shall set forth
sufficient facts to establish that service pursuant to subrules (1) to (7) of
this rule cannot reasonably be made and shall suggest an alternative method of
service.
Notes
Mich. Admin. Code
R. 324.1204
1996 AACS; 2015 MR 5,
Eff. March 11, 2015
An obvious error in
R 324.1204(7) was corrected at the request of the promulgating agency, pursuant
to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
containing the error was published in Michigan Register, 2015
MR 5. The memorandum requesting the correction was published in
Michigan Register, 2015 MR
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