Okla. Admin. Code § 165:5-9-2
Current through Vol. 41, No. 19, June 17, 2024
Section 165:5-9-2 - Subsequent pleadings(a)Reply. No documents shall be required other than the application and responses thereto. Reply to a response shall be permitted but shall not be required.(b)Motions. All other objections to or requests for action or relief shall be by motion, with service to all persons entitled to notice. Service of the motion shall be made through the ECF System to those on the Official ECF service list, by regular mail, electronic mail, or in person as provided in this subsection, unless otherwise provided by statute. The motion shall state in concise language the action or relief sought and the facts and circumstances upon which the right thereto is based. (1) All motions shall be set on a regularly scheduled motion docket by a Notice of Hearing to be heard by an Administrative Law Judge unless determined otherwise by a prehearing/scheduling agreement or a prehearing/scheduling order. All motions filed after a case has been set before the Commission or assigned to an Administrative Law Judge on the merits shall be set as directed by the Commission or the assigned Administrative Law Judge. The filing of a motion may not automatically delay the hearing on the merits. (A) Prior to the record being opened on the merits or a prehearing/scheduling agreement filed or a prehearing/scheduling order issued, notice shall be given to all persons entitled to notice by the movant by serving at least five (5) business days prior to the date set for hearing. Service of the notice shall be made through the ECF System to those on the Official ECF service list, by regular mail, electronic mail, or in person, unless otherwise provided by statute. A copy of the motion and notice of hearing shall be provided to each respondent.(B) After the record in the case has been opened on the merits or a prehearing/scheduling agreement has been filed or a prehearing/scheduling order has been issued, notice shall be given to all persons entitled to notice by the movant by serving, at least five (5) business days prior to the date set for hearing. Service of the notice shall be made through the ECF System to those on the Official ECF service list, by regular mail, electronic mail, or in person, unless otherwise provided by statute. A copy of the motion and notice of hearing shall be provided to all parties of record.(2) Exceptions to such motions may be lodged in accordance with the provisions of OAC 165:5-13-5(a)(1) except as provided in (A) and (B) of this paragraph. (A) In oil and gas related matters, all decisions on motions filed after the case has been assigned to an Administrative Law Judge shall be considered in the Report of the Administrative Law Judge unless the Administrative Law Judge directs otherwise. (B) In all other matters, the decisions on motions filed after a scheduling agreement has been filed or a scheduling order has been issued in a case shall be considered in the Report of the Administrative Law Judge unless the Commission or Administrative Law Judge directs otherwise.(c)Response/objection to motions. Any person may file and serve a response or objection to any motion at any time before the motion is heard. The title of the response or objection shall refer to the motion being considered. Responses or objections filed to motions which already have been set for hearing shall not require a Notice of Hearing.(d)Amendment. Amendment of a document may be permitted at any time upon such terms as are just. An amendment may take the form of a substitute document, an amendment or supplement, deletion of language, or correction by interlineation. Response may be made to an amended document, but shall not be required. An amended application is acceptable where notice is given according to the statutes or rules under which the original application was filed. Provided, however, no amended application shall be filed which changes the applicant's name, the type of relief requested, the legal description of the lands involved or the caption in the original application; instead, any such changes from the original application shall require the filing of a new application in accordance with Subchapter 5 of this Chapter.(e)Dismissal. The applicant may dismiss the application with or without prejudice at any time prior to the record being opened at the hearing on the merits in said case by submitting a proposed order dismissing the case to the Administrative Law Judge assigned to the case or, if no Administrative Law Judge has been assigned, to the chief Administrative Law Judge and all parties of record. Such dismissal shall not dismiss the case as to specifically stated affirmative relief sought by any respondent and, upon the appearance at the time of hearing of any respondent who has not received notice of the dismissal or who has requested specific affirmative relief, such respondent may enter any evidence into the record and may be granted any relief which the Commission or Administrative Law Judge deems appropriate. (1) At any time prior to the record being opened at the hearing on the merits in a case, a respondent may file a motion to dismiss in the same manner as provided in (b) of this Section.(2) After the record has been opened at the hearing on the merits in a case, the case may be dismissed by agreement of all parties of record or recommended for dismissal with or without prejudice by the Commission or Administrative Law Judge upon the Commission's or Administrative Law Judge's own motion or upon motion of any party of record. A motion to dismiss filed hereunder shall comply with the provisions of (b) of this Section; provided that, in a case where a motion to dismiss has been filed, notice shall be served on each respondent in the case. (3) Upon five (5) business days' notice to parties of record, the Commission may entertain motions to dismiss for any of the following reasons: (A) Failure to prosecute.(B) Unnecessary duplication of proceedings or res judicata.(D) Moot question or obsolete applications. (E) Lack of jurisdiction. (F) Failure to submit a proposed order in a timely manner.(G) For other good cause shown.(4) Upon providing fifteen (15) business days' notice on a posted disposition docket, and upon emailing notice to all parties of record to a case, the Commission may dismiss cases for any of the following reasons: (A) Failure to submit a proposed order to the Administrative Law Judge or the Commission within thirty (30) days after the recommendation date or as directed by the Administrative Law Judge or the Commission.(B) Failure to set a case on a day certain.Okla. Admin. Code § 165:5-9-2
Amended at 12 Ok Reg 2005, eff 7-1-95; Amended at 19 Ok Reg 1939, eff 7-1-02; Amended at 20 Ok Reg 2293, eff 7-15-03; Amended at 27 Ok Reg 2098, eff 7-11-10; Amended at 29 Ok Reg 938, eff 7-1-12Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 10/1/2021Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 10/1/2022