Okla. Admin. Code § 165:5-13-5 - Exceptions to Report of Administrative Law Judge
(a)
Reviewability. Except as
provided in OAC
165:5-9-6(c) for
rulings on continuances, any report from Administrative Law Judges shall be
subject to review in the manner prescribed in this Section. Oral argument
before the Commission is not a matter of right. If a party requests the
Commission to hear oral arguments on any exceptions, a separate motion for oral
argument of exceptions before the Commission must be filed. The Commission may
deny a motion to entertain oral argument without a response being filed or
hearing oral presentation on said motion.
(1)
Oral exceptions regarding motions and emergency matters. Any
person adversely affected by a decision of an Administrative Law Judge on the
motion/emergency docket shall have no more than five (5) days in which to
advise the Administrative Law Judge or Oil and Gas Appellate Referee, other
parties of record, and Staff Counsel of his or her intent to lodge exceptions
and any request for oral arguments on the exceptions before the Commission.
Written exceptions shall not be required. Oral exceptions shall be set for
hearing before an Oil and Gas Appellate Referee or an Administrative Law Judge ,
unless the Commission orders otherwise; regarding matters involving issues
addressed in Chapters 10, 15, 16, 25, 26, 27, 28, and/or 29. Oral exceptions in
all other matters shall be set for hearing before the Commission.
(2)
Exceptions to the report from the
hearing on the merits. Any person adversely affected by a report of an
Administrative Law Judge from the hearing on the merits shall have ten (10)
business days in which to file exceptions to the report before the Commission.
To perfect exceptions, written exceptions and notice of hearing for the
exceptions must be filed within ten (10) business days after filing of the
Report of the Administrative Law Judge . The person filing exceptions shall
serve copies of the exceptions and notice of hearing for the exceptions on all
parties of record and the Administrative Law Judge or Oil and Gas Appellate
Referee below. Such service shall be made not later than five (5) days after
the expiration of the ten (10) business day period for filing the exceptions.
In exceptions before the Commission arising from the Petroleum Storage Tank
and/or Indemnity Fund, an additional ten (10) business days shall be allowed
for the filing of cross exceptions. OAC
165:5-13-2 shall govern the
setting of the exceptions.
(3)
Exceptions to Report from the Motor Carrier Citation Docket. Any
party of record adversely affected by a recommendation of an Administrative Law
Judge on the Motor Carrier Citation Docket shall have five (5) business days
from the date the oral recommendation is made to request a report of the
Administrative Law Judge for the purpose of filing written exceptions. The
request shall be sent jointly to the Administrative Law Judge who issued the
recommendation and all other parties of record. Written exceptions shall be
filed within ten (10) business days of issuance of the written report. The
hearing on the written exceptions shall be heard by an Administrative Law Judge
on the next available Motor Carrier Citation Docket or at the Commission's
discretion.
(b)
Contents of the exceptions. For purposes of (a)(2) of this
Section, the written exceptions shall specifically state the findings or
portions of the report to which the person takes exception, and in what respect
the person alleges the findings and report to be in error. A person may be
permitted to amend the exceptions, or to present at the initial hearing on
exceptions thereon additional grounds for exceptions from the report. A person
taking exception from any part of the summary of the evidence stated in the
report of the Administrative Law Judge , shall attach to the exceptions a
transcript or what the person deems a correct summary of the pertinent
evidence, provided that if the transcript is unavailable at the time of filing
of the exceptions, then any person filing exceptions desiring to use a
transcript instead of a summary of evidence shall, at the discretion of the
Commission, or the Oil and Gas Appellate Referee or Administrative Law Judge to
whom the exceptions will be heard by, submit the transcript as soon as it is
available. In the absence of such a transcript or summary of the evidence, the
exceptions shall be considered based on the summary of evidence in the appealed
report and, at the discretion of the Commission, or the Oil and Gas Appellate
Referee to whom the exceptions will be heard by, the official recording of the
proceedings.
(c)
Responses to
written exceptions. For purposes of exceptions under (a)(2) of this
Section, any other person may file written response to the exceptions prior to
the hearing on the exceptions, and may attach thereto a transcript or the
party's own summary of the pertinent evidence, provided that if a transcript is
unavailable at the time of the filing of the exceptions, the party desiring to
use the transcript instead of a summary of evidence shall, at the discretion of
the Commission , or the Oil and Gas Appellate Referee or Administrative Law
Judge to whom the exceptions will be heard by, submit the transcript as soon as
it is available. In the absence of a transcript or written summary of evidence
submitted by a party of record, the exceptions shall be considered upon the
summary of the evidence in the exceptions to the report and, at the discretion
of the Commission or the Oil and Gas Appellate Referee to whom the exceptions
will be heard by, the official recording of the proceedings.
(d)
Contents of the Oil and Gas
Appellate Referee or Administrative Law Judge Reports. In a case where
exceptions are referred to an Oil and Gas Appellate Referee or Administrative
Law Judge , such Referee or Administrative Law Judge shall file a written
report, stating a recommendation to the Commission to affirm, reverse, or
modify the findings of fact or conclusions of law of the Administrative Law
Judge below or to remand the case for further hearing. The Commission, as the
final arbiter, shall enter the order it deems appropriate.
(e)
Scope of review by the
Commissioners. With respect to any report, the Commission may affirm,
reverse, or modify the findings of fact or conclusions of law of the
Administrative Law Judge , or may remand the case for further hearing. The
Commission shall enter the order in its discretion as it deems
appropriate.
Notes
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