Okla. Admin. Code § 165:5-13-4

Current through Vol. 42, No. 6, December 2, 2024

Section 165:5-13-4 - Report of Administrative Law Judge

(a) At the conclusion of a hearing before an Administrative Law Judge, such officer shall, at the earliest practicable date, file a written report in the proceeding. The report shall contain the following:

(1) Names of parties of record and their attorneys.

(2) Brief statement of facts establishing jurisdiction of the cause.

(3) Brief summary of the evidence of each party of record who offered evidence.

(4) The pertinent facts as found by the officer upon consideration of all evidence offered.

(5) Recommended conclusions of law and recommendations as to action to be taken or relief to be granted or denied.

(6) In oil and gas conservation causes and pollution causes, such report shall be prepared only when a party of record in the hearing before the Administrative Law Judge has formally, in writing, protested the granting of the application, or, in the judgment of the Administrative Law Judge, the issuance of a report is required.

(b) The Administrative Law Judge shall send a copy of the report by regular mail, facsimile, electronic mail or in person to each party of record.

(c) At the expiration of ten (10) business days after the report is filed, if no exceptions are filed, the Commission shall enter such order as shall be deemed appropriate upon consideration of the report.

(d) In any conservation or pollution cause in which the Administrative Law Judge has recommended that an order issue, but the approval of staff counsel or technical staff is withheld after all efforts have been exhausted to resolve technical or legal problems with the applicant and Administrative Law Judge, the Administrative Law Judge shall issue a report in accordance with this Section, allowing any person time to file exceptions.

(e) Upon request by a Commissioner, an Administrative Law Judge shall appear at any scheduled signing agenda, Commission hearing or public deliberation to respond to questions from the Commissioners concerning the proposed order or report of the Administrative Law Judge.

(f) When a recommendation is made by an Administrative Law Judge on the Motor Carrier Citation Docket, a report for individual citations shall only be required once a request has been received conforming with OAC 165:5-13-5(a)(3).

Okla. Admin. Code § 165:5-13-4

Amended at 20 Ok Reg 2293, eff 7-15-03; Amended at 27 Ok Reg 2098, eff 7-11-10

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 10/1/2020