Okla. Admin. Code § 165:5-13-5
Current through Vol. 42, No. 4, November 1, 2024
Section 165:5-13-5 - Exceptions to Report of Administrative Law Judge(a)Reviewability. Except as provided in OAC 165:5-9-6(c) for rulings on continuances, any report from Administrative Law Judges shall be subject to review in the manner prescribed in this Section. Oral argument before the Commission is not a matter of right. If a party requests the Commission to hear oral arguments on any exceptions, a separate motion for oral argument of exceptions before the Commission must be filed. The Commission may deny a motion to entertain oral argument without a response being filed or hearing oral presentation on said motion. (1)Oral exceptions regarding motions and emergency matters. Any person adversely affected by a decision of an Administrative Law Judge on the motion/emergency docket shall have no more than five (5) days in which to advise the Administrative Law Judge or Oil and Gas Appellate Referee, other parties of record, and Staff Counsel of his or her intent to lodge exceptions and any request for oral arguments on the exceptions before the Commission. Written exceptions shall not be required. Oral exceptions shall be set for hearing before an Oil and Gas Appellate Referee or an Administrative Law Judge, unless the Commission orders otherwise; regarding matters involving issues addressed in Chapters 10, 15, 16, 25, 26, 27, 28, and/or 29. Oral exceptions in all other matters shall be set for hearing before the Commission.(2)Exceptions to the report from the hearing on the merits. Any person adversely affected by a report of an Administrative Law Judge from the hearing on the merits shall have ten (10) business days in which to file exceptions to the report before the Commission. To perfect exceptions, written exceptions and notice of hearing for the exceptions must be filed within ten (10) business days after filing of the Report of the Administrative Law Judge. The person filing exceptions shall serve copies of the exceptions and notice of hearing for the exceptions on all parties of record and the Administrative Law Judge or Oil and Gas Appellate Referee below. Such service shall be made not later than five (5) days after the expiration of the ten (10) business day period for filing the exceptions. In exceptions before the Commission arising from the Petroleum Storage Tank and/or Indemnity Fund, an additional ten (10) business days shall be allowed for the filing of cross exceptions. OAC 165:5-13-2 shall govern the setting of the exceptions.(3)Exceptions to Report from the Motor Carrier Citation Docket. Any party of record adversely affected by a recommendation of an Administrative Law Judge on the Motor Carrier Citation Docket shall have five (5) business days from the date the oral recommendation is made to request a report of the Administrative Law Judge for the purpose of filing written exceptions. The request shall be sent jointly to the Administrative Law Judge who issued the recommendation and all other parties of record. Written exceptions shall be filed within ten (10) business days of issuance of the written report. The hearing on the written exceptions shall be heard by an Administrative Law Judge on the next available Motor Carrier Citation Docket or at the Commission's discretion.(b)Contents of the exceptions. For purposes of (a)(2) of this Section, the written exceptions shall specifically state the findings or portions of the report to which the person takes exception, and in what respect the person alleges the findings and report to be in error. A person may be permitted to amend the exceptions, or to present at the initial hearing on exceptions thereon additional grounds for exceptions from the report. A person taking exception from any part of the summary of the evidence stated in the report of the Administrative Law Judge, shall attach to the exceptions a transcript or what the person deems a correct summary of the pertinent evidence, provided that if the transcript is unavailable at the time of filing of the exceptions, then any person filing exceptions desiring to use a transcript instead of a summary of evidence shall, at the discretion of the Commission, or the Oil and Gas Appellate Referee or Administrative Law Judge to whom the exceptions will be heard by, submit the transcript as soon as it is available. In the absence of such a transcript or summary of the evidence, the exceptions shall be considered based on the summary of evidence in the appealed report and, at the discretion of the Commission, or the Oil and Gas Appellate Referee to whom the exceptions will be heard by, the official recording of the proceedings.(c)Responses to written exceptions. For purposes of exceptions under (a)(2) of this Section, any other person may file written response to the exceptions prior to the hearing on the exceptions, and may attach thereto a transcript or the party's own summary of the pertinent evidence, provided that if a transcript is unavailable at the time of the filing of the exceptions, the party desiring to use the transcript instead of a summary of evidence shall, at the discretion of the Commission, or the Oil and Gas Appellate Referee or Administrative Law Judge to whom the exceptions will be heard by, submit the transcript as soon as it is available. In the absence of a transcript or written summary of evidence submitted by a party of record, the exceptions shall be considered upon the summary of the evidence in the exceptions to the report and, at the discretion of the Commission or the Oil and Gas Appellate Referee to whom the exceptions will be heard by, the official recording of the proceedings.(d)Contents of the Oil and Gas Appellate Referee or Administrative Law Judge Reports. In a case where exceptions are referred to an Oil and Gas Appellate Referee or Administrative Law Judge, such Referee or Administrative Law Judge shall file a written report, stating a recommendation to the Commission to affirm, reverse, or modify the findings of fact or conclusions of law of the Administrative Law Judge below or to remand the case for further hearing. The Commission, as the final arbiter, shall enter the order it deems appropriate.(e)Scope of review by the Commissioners. With respect to any report, the Commission may affirm, reverse, or modify the findings of fact or conclusions of law of the Administrative Law Judge, or may remand the case for further hearing. The Commission shall enter the order in its discretion as it deems appropriate.Okla. Admin. Code § 165:5-13-5
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 27 Ok Reg 2098, eff 7-11-10Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015 Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 10/1/2020Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 10/1/2023