Okla. Admin. Code § 165:5-13-2
Current through Vol. 42, No. 6, December 2, 2024
Section 165:5-13-2 - Setting of cases(a)General. All hearings on the merits shall be set before an Administrative Law Judge, unless otherwise ordered by the Commission.(b)Specially set. By a motion, the applicant or any party of record or respondent may, at any time up to commencement of a hearing, request of the Commission that a case be specially set before the Commission for hearing. The Commission may advance any case by sua sponte order at any time.(c)Exceptions. For purposes of OAC 165:5-13-5, all exceptions to reports on hearings on the merits in oil and gas dockets, as defined in OAC 165:5-5-1(a)(15), PSD, and petroleum storage tank related EN dockets shall be heard by an Oil and Gas Appellate Referee, unless the Commission orders otherwise. Hearing dates are to be secured prior to filing from the Oil and Gas Appellate Referee, or a docket clerk, if the Referee is unavailable prior to filing. The exceptions will be heard on that date or as soon as practicable. Exceptions in all other matters shall be set before the Commission, unless the Commission orders otherwise; hearing dates are to be secured from the Commission's Chairman's office prior to filing. Exceptions to reports on hearings on the merits on the MCC docket shall be governed by OAC 165:5-13-5(a)(3).(d)Authority of Administrative Law Judge. An Administrative Law Judge shall exercise all of the powers of the Commission in the conduct of a case. An Administrative Law Judge shall rule upon admission of evidence, and objections thereto, and upon any other motion or objection arising during the pendency of the case until the issuance of the report of the Administrative Law Judge. Review of a ruling of an Administrative Law Judge shall be by exceptions pursuant to OAC 165:5-13-5, and any objection to a ruling or other action of such Administrative Law Judge not included in such exceptions and amendments thereto, shall be deemed to have been waived.(e)Hearings on the PUD and OSF dockets. All hearings in cases filed pursuant to OAC 165:70, OAC 165:59, 17 O.S. §286, or 18 O.S. §438.31 et seq. shall be given priority status on the PUD and OSF dockets in order to comply with 17 O.S. §139.106, 17 O.S. §152, 17 O.S. §137 (I), 17 O.S. §286, and 18 O.S. §438.31 et seq. and any time periods prescribed therein.(f)Hearings on the Petroleum Storage Tank docket. All hearings regarding the exercise of the Commission's adjudicative authority pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act, 17 O.S. §§301 et seq. shall be given priority status on the Petroleum Storage Tank docket ("PSD") in order to comply with 17 O.S. §330 for the Commission to hear each case within one hundred eighty (180) days from the date of filing. See also OAC 165:5-21-9.Okla. Admin. Code § 165:5-13-2
Amended at 12 Ok Reg 2015, eff 7-1-95; Amended at 13 Ok Reg 1159, eff 11-15-95 (emergency); Amended at 13 Ok Reg 2361, eff 7-1-96; Amended at 16 Ok Reg 829, eff 1-25-99 (emergency); Amended at 16 Ok Reg 2807, eff 7-15-99; Amended at 19 Ok Reg 1939, eff 7-1-02; Amended at 27 Ok Reg 2098, eff 7-11-10Amended 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 39, Issue 24, September 1, 2022, eff. 10/1/2022Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 10/1/2023