Okla. Admin. Code § 165:5-7-1 - General application and notice requirements
(a)
Scope. Except where otherwise specifically provided in this
Subchapter, including the Petroleum Storage Tank Division at OAC
165:5-21-3,
the provisions of this Section shall govern the commencement of a case filed
with the Commission and over which the Commission may exercise jurisdiction,
including applications for declaratory rulings as to the applicability of any
rule or order of the Commission .
(b)
Form. Every case shall be
commenced by:
(1) An application .
(2) A complaint .
(3) An order or notice of the Commission
commencing a case .
(c)
Caption. The application or complaint shall be headed by a
caption, which shall contain:
(1) The
heading, "Before the Corporation Commission of the State of Oklahoma".
(2) The applicant .
(3) The relief sought. In the case of a
conservation docket or pollution docket case , the statement shall contain the
legal description of the lands involved in the case .
(5) The title of the document .
(6) In the case of an enforcement docket
case , the caption shall contain the name(s) of the respondent (s).
(d)
Body. The body of
the application or complaint shall consist of five numbered paragraphs, if
applicable, as follows:
(1)
Applicants
and respondents identified. The applicant shall be identified, including
name, address, electronic mail address , and telephone number of his attorney or
designated representative and the nature of the applicant 's interest in the
subject matter of the case ; and the name and address of each person (if any)
named as respondent .
(2)
Allegation of facts. The allegation of fact stated in the form of
ultimate facts, without unnecessary detail, upon which the right to relief is
based. The allegations will be stated in numbered subparagraphs as necessary
for clarity.
(3)
Legal
authority. Citations of statutes, rules, orders, and decided cases
authorizing the relief sought; including, in the case of a complaint , the laws,
rules, regulations, or orders alleged to have been violated. Statutes shall be
cited by title and section. Rules and orders of the Commission shall be cited
by number. Decided cases shall be cited by citation to official reports.
Quotations from legal authorities shall not be required.
(4)
Relief sought. A brief
statement of the provisions of the order , authority, or other relief sought. An
application relating to oil and gas conservation shall seek only one type of
relief. Formal prayer for relief shall not be required.
(5)
Specify order to be
affected. An application to vacate, alter, modify, or amend an order
shall state the specific order in the body which is sought to be vacated,
altered, modified, or amended.
(e)
Certification. The
application shall be signed by the applicant , or an authorized agent of the
applicant , or by the attorney for the applicant , and shall set out the mailing
address, telephone number, electronic mail address and bar identification
number of the person so signing it, as applicable. The person signing the
application shall be deemed, on signing same, to be certifying that:
(1) The signer has read the application .
(2) To the best of the signer's
knowledge, information, and belief formed after reasonable inquiry the facts
and allegations contained in the application are true and correct.
(3) The application is not filed to harass or
to cause unnecessary delay or needless expense.
(f)
Service of an application .
Except as hereinafter provided in this Subchapter, every application and notice
of hearing stating the date on which the case is set for hearing, if required,
in which a person is named a respondent shall be served by regular mail on each
respondent named therein and Commission staff counsel by the person filing the
application .
(g)
Service of
subsequent documents. All documents subsequent to the application in a
case shall be served on a party of record through the ECF System in accordance
with
165:5-1-14.1,
or by regular mail , electronic mail, or in person , except where the rules of
this Chapter or a statute requires a specific mode of service which shall be
followed. Service on a corporation may be by delivery to the registered
corporate agent, or by delivery to the principal place of business of the
corporation. Service outside the United States and its territories shall be by
any means provided by Federal Rule of Civil Procedure 4(f). For purposes of
this Section, a corporation may designate its principal place of business by
filing a notice thereof with the Court Clerk. When an attorney has appeared of
record for a person , all subsequent service shall be on the attorney . Service
through the ECF System , or by mail, or electronic mail shall be complete on the
date and time of transmittal except where otherwise provided in this Chapter or
by statute; provided, that a person may be granted appropriate relief upon
showing that a document so served was not received, or delivery thereof was
delayed.
(h)
Certificate of
service. Except where an affidavit of mailing is required by law or by
this Subchapter, a certificate of service shall be filed following or with the
filing of every document . The certificate of service shall contain a list of
the persons served and the date and particular method of service to each
person , including those registered for the ECF System .
(i)
Service not jurisdictional.
Service prescribed by the rules of this Subchapter shall not be jurisdictional
except where so provided by the Constitution or by statute. Failure to comply
with the provisions of this Section as to mailing and service of notice shall
not deprive the Commission of jurisdiction of the application or complaint , but
shall be grounds for such appropriate relief as the Commission may
order .
(j)
Notice of
hearing. Every application , except as provided in this Chapter for motor
carrier, Oklahoma Universal Service Fund, and public utility applications,
shall be accompanied by a notice of hearing, which date shall be set by the
Commission . The notice of hearing shall be published as provided in the rules
of this Subchapter.
(k)
Signatures. The notice of hearing shall contain the typewritten
name of each current Commissioner at the bottom of the notice, which shall
serve as the Commissioner 's electronic signature , followed by the signature of
the person filing the application .
(l)
Content of notice. The
notice shall contain:
(1) The caption from
the application .
(2) The time,
date, and place of hearing.
(3)
Briefly the general nature of the order , rule, regulation or other relief
sought.
(4) In oil and gas cases,
where applicable, the names or description of all common sources of supply
affected by the order sought; or that the entire state would be affected.
(5) Who to contact for additional
information.
(m)
Form of notice. The notice shall conform substantially to the form
shown in Appendix A to this Chapter.
(n)
Notice by publication.
(1) When a case other than an oil and gas or
Petroleum Storage Tank Division case is commenced, the applicant shall cause
the notice of hearing prescribed in (j) through (l) of this Section to be
published in one or more newspapers of general circulation, on dates and for
periods as required by law, or this Subchapter, or as the Commission shall
order .
(2) In oil and gas cases,
unless otherwise provided in this Subchapter, the notice of hearing shall be
published one time at least fifteen (15) days prior to the hearing in a
newspaper of general circulation published in Oklahoma County, Oklahoma and in
a newspaper of general circulation published in each county in which the lands
embraced in the application are located.
(3) Publication shall be at the expense of
the applicant , and shall be made in a newspaper which has met the statutory
requirements for publication of legal notices. Written proof of publication
shall be filed in the case .
(4)
Proof of publication shall be established by an original proof of publication.
(5) Publication is not necessary
unless otherwise required by the Constitution, a statute, a Commission rule, or
a Commission order .
(o)
Effective date prior to date of issuance of order . No order may be
made effective prior to its date of issuance without evidence placed into the
record that the approval of such effective date is necessary. An effective date
prior to the date of issuance of the order shall be requested in the
application and placed in the special relief paragraph of the notice of
hearing.
(p)
Notice of motor
carrier motions and applications. Notice of all motor carrier motions
and applications shall be printed on the Commission docket as prescribed by law
for circulation to the public.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.