Ala. Admin. Code r. 400-7-1-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 400-7-1-.06 - Form And Content Of Pleading

(1) Petitions shall be captioned: "Before the State Oil and Gas Board of Alabama," shall bear a designated space for a docket number, and shall contain a brief summary at or near the beginning in reference to the nature of the action sought. Each petition shall set forth the exact legal name of the petitioner filing the petition and the name and address of the agent or petitioner to whom the Board may send notices, orders, and papers relating to the hearing thereof. The petition shall be drawn so as to apprise the Board in clear and simple language of all the pertinent and lawfully required facts involved and shall state concisely and directly the matters to be considered, what relief or action is sought from the Board, and the legal interest of such party described in the property in the petition. The petition shall accurately describe by appropriate section, township, range, and county the lands for which relief or action is sought. The petition must state whether each petitioner is a corporation, partnership, individual, or other legal entity, properly identifying the same, and set forth the principal place of business. If the petitioner is a corporation, then such petition shall state where petitioner is incorporated and whether petitioner is authorized by law to do business in the State of Alabama. If the petitioner is a partnership, then the exact legal name of the partnership and each general partner therein must be named in the petition and the petition must set forth the principal place of business of such partnership. The petitioner shall file separate petitions for each request for relief.

(2) Identification of any well or wells named in the petition shall include the permit number assigned to each such well by the Board.

(3) An amendment to a petition shall contain the heading "Amendment to Petition" or similar heading on the face of the pleading and if the petition is amended one or more times the heading shall state First Amendment, Second Amendment, etc.

(4) In the event the petition includes a request for forced pooling pursuant to Section 9-17-13 of the Code of Ala, 1975, as amended, and Rule 400-7-2-.01, et seq. of the State Oil and Gas Board of Alabama Administrative Code, and the petitioner is requesting the forced pooling of interests of an unlocated or undiscovered nonconsenting owner, the petition shall state that the request includes a nonconsenting owner, who is unlocated or undiscovered.

Ala. Admin. Code r. 400-7-1-.06

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

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 02, November 30, 2020, eff. 1/14/2021.

Author: State Oil And Gas Board

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