58 Pa. Stat. § 410

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 410 - Rules, regulations, notices, orders and hearings
(a) The commission shall prescribe rules and regulations governing the practice and procedure before the commission.
(b) No rule, regulation, or order, or amendment thereof, except in an emergency, shall be made by the commission without a public hearing upon at least fifteen days' notice. The public hearing shall be held at such time and place as may be prescribed by the commission, and any interested person shall be entitled to be heard. No spacing or integration order shall be entered except upon application of an operator of land affected by the order, and notice and hearing as specifically provided under clause (2) of section 7 and subsection (a) ofsection 8 .
(c) When an emergency requiring immediate action is found to exist, the commission is authorized to issue an emergency order without notice or hearing which shall be effective upon promulgation. No emergency order shall remain effective for more than twenty-five days.
(d) Any notice required by this act, except that required under clause (2) of section 7 and subsection (a) of section 8, shall be given at the election of the commission, either by personal service or by one publication in a newspaper of general circulation in Harrisburg and in the county where the land affected or some part thereof is situated or by United States mail addressed, postage prepaid, to the last known mailing address of the operator or royalty owner affected. The notice shall issue in the name of the Commonwealth, shall be signed by the chairman or secretary of the commission, shall specify the style and number of the proceeding, the time and place of the hearing, and shall briefly state the purpose of the proceeding. Should the commission elect to give notice by personal service, such service may be made by an officer authorized to serve process or by any agent of the commission in the same manner as is provided by law for the service of process in civil actions in the court of the Commonwealth. Proof of the service by such agent shall be by the affidavit of the persons making personal service.
(e) All rules, regulations, and orders issued by the commission shall be in writing, shall be entered in full and indexed in books to be kept by the commission for that purpose, and shall be public records open for inspection at all times during reasonable office hours. A copy of any rule, regulation, and order certified by any member of the commission or its secretary under its seal shall be received in evidence in all courts of this Commonwealth with the same effect as the original. No spacing or pooling order entered pursuant to sections 7 and 8 shall be effective until it is recorded in the office for the recording of deeds in each county containing land affected by the order.
(f) The commission may act upon its own motion or upon the application of any interested person, except that spacing and pooling orders may be entered only on the application of an interested operator. On the filing of an application concerning any matter within the jurisdiction of the commission, the commission shall promptly fix a date for a hearing thereon and shall cause notice of the hearing to be given. The hearing shall be held without undue delay after the filing of the petition.

58 P.S. § 410

1961, July 25, P.L. 825, § 10.