Ala. Admin. Code r. 400-7-1-.03

Current through Register Vol. 43, No. 02, November 27, 2024

Section 400-7-1-.03 - Appointment Of A Hearing Officer

The State Oil and Gas Board of Alabama may, in its discretion designate and appoint one of its members, the Oil and Gas Supervisor, or the General Counsel for the Board, as a Hearing Officer, to conduct public hearings on behalf of the Board.

(1) Powers of the Hearing Officer. The Hearing Officer shall have the power and authority to regulate all proceedings before him and to perform all acts and take all measures necessary and proper for the efficient and orderly conduct of the hearing. Without limiting the authority granted in the foregoing sentence, the Hearing Officer is hereby specifically given the authority to administer oaths; certify to official acts; take and cause to be taken depositions of witnesses; issue and serve subpoenas; compel attendance of witnesses and the production of papers, books, and other pertinent materials; provide for site inspections or other inspection of operations; issue appropriate orders relating to discovery; regulate the course of the hearing; examine witnesses, if necessary; rule on and receive relevant evidence; order and preside at prehearing conferences as appropriate; and recommend decisions to the State Oil and Gas Board.

(2) Report of Hearing Officer. At the conclusion of the hearing, the Hearing Officer shall issue a report to the State Oil and Gas Board, including therein recommendations of the Hearing Officer in connection therewith. After receipt of the report of the Hearing Officer, the State Oil and Gas Board shall issue an order on the matter within thirty (30) days. The Hearing Officer shall cause a complete record of the proceeding to be made and transcribed, and the record shall have the same force and effect as if made before the State Oil and Gas Board. The Oil and Gas Board reserves the authority and discretion to order that further testimony be taken in reference to any proceeding.

(3) Communication with Hearing Officer. A party, or his attorney shall not communicate with the Hearing Officer about a pending contested petition, except:

(a) In the course of official proceedings concerning the contested petition;

(b) If other parties are promptly served a copy of the writing; or

(c) Orally upon adequate notice to all parties or their attorneys.

(4) Procedure before Hearing Officer. The Hearing Officer shall conduct all proceedings in accordance with the rules and regulations of the Board and, when applicable, the Alabama Administrative Procedure Act, Section 41-22-1, etseq., of the Code of Ala. 1975.

Author: State Oil And Gas Board

Ala. Admin. Code r. 400-7-1-.03

New Rule: Filed April 11, 2000; effective May 16, 2000.

Statutory Authority:Code of Ala. 1975, §§ 9-17-1etseq.