Okla. Admin. Code § 165:5-1-3
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise.
"Administrative Law Judge" means an Oil and Gas Appellate Referee, Referee, Administrative Law Judge, Hearing Officer, an officer, attorney, or any other employee of the Commission to whom the Commissioners delegate by order or otherwise, the authority to conduct a hearing.
"Applicant" means any person commencing a proceeding requiring an application as the initiating document.
"Application" means any written request by an applicant commencing a proceeding for Commission action or relief.
"Attorney" means a licensed attorney currently admitted to practice before the Supreme Court of Oklahoma, or an attorney currently licensed to practice in another state who is granted under principles of reciprocity permission to appear in proceedings of the Commission.
"Business day" means a day that is not a Saturday, Sunday, or legal holiday.
"Case" or "cause" means a proceeding filed with the Court Clerk, for Commission action or relief. The terms "case" and "cause" are used interchangeably herein.
"Commission" means the Oklahoma Corporation Commission, the public entity created under the provisions of Article IX, Section 15, Oklahoma Constitution.
"Commissioner" means a member of the Commission.
"Complaint" means the written document that opens a case and seeks enforcement of an order, rule, or regulation of the Commission or relief against a named respondent based upon an alleged violation of law or of a rule, regulation, or order of the Commission.
"Complainant" means any person commencing a proceeding requiring a complaint as the initiating document.
"Confirmation of electronic filing" means the electronic confirmation generated by the Electronic Case Filing System.
"Document" means any written matter filed in a case. A "document" includes any attached appendices.
"Electronic" means technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
"Electronic Case Filing System" or "ECF System" means the Commission's online filing system used to file documents with the Court Clerk in Commission proceedings.
"Electronic Case Filing System filer" or "ECF filer" means an Electronic Case Filing user whose electronic mail address and password can be used to file documents electronically in the Electronic Case Filing System.
"Electronic Case Filing System user" or "ECF user" means a person who has registered and been approved to access the Electronic Case Filing System.
"Electronic filing" means the tender of documents in Commission proceedings to, and acceptance by, the Court Clerk through the Electronic Case Filing System.
"Electronic mail address" is the primary electronic mail address provided by the registered Electronic Case Filing user or Electronic Case Filing filer. An electronic mail address must have the functionality required by the Electronic Case Filing System.
"Electronic signature" means a symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
"Facsimile" means the transmission of documents using a traditional fax machine or a web-based digital service.
"File(d)" or "filing" means tender of documents in Commission proceedings to, and acceptance by, the Court Clerk.
"Filer" means a person tendering documents to the Commission's Court Clerk for filing in a Commission proceeding, whether submitting those documents in paper or electronically.
"Intervenor" means any party of record who is not an applicant, complainant, or named respondent.
"Legal holiday" means only those days declared legal holidays by law or proclamation of the Governor of Oklahoma, or those days on which United States mail is not delivered.
"Official ECF service list" means the list, for each case, of designated recipients of electronically mailed notice of filing of pleadings subsequent to the original Application or Complaint. This list does not include pro se persons or other persons entitled to notice who have not elected to accept electronic service, and must receive notice by other means.
"Oil and Gas Appellate Referee" means a duly licensed attorney in the State of Oklahoma who is familiar with statutes and rules governing oil and gas operations in Oklahoma who shall provide central support to the Commission en banc in the hearing of oil and gas matters before the Commission en banc.
"Order" means that which is required or commanded to be done, or not to be done, and shall be generally reserved for the requirement or directive portion of an official order or decision of a proceeding; or the promulgation of rules, regulations, and requirements in matters in which the Commission acts.
"Party of record" means a person who makes formal appearance either in person or by an attorney at any stage of a case whether or not seeking affirmative relief.
"Person" means an individual, partnership, corporation, association, trust, and every other type of legal entity, including an officer or employee of the Commission.
"Pro se" means self-representation in a Commission proceeding without representation by an attorney.
"Protestant" means a person who, upon grounds of private or public interest, resists an application or any relief sought thereby. A protest is governed by the rules applicable to a response.
"Record" of any proceeding shall consist of the following:
(A) Preliminary exhibits, including pleadings, motions, notices, and proof of publication;
(B) Transcript of proceedings at all hearings or the electronic recording of hearings or proceedings as provided by OAC 165:5-13-1(d);
(C) Depositions, stipulations, interrogatories and answers, written testimony, offers of proof, and similar matters;
(D) Exhibits, together with attachments, appendices, and amendments thereto;
(E) Initial Report of the Administrative Law Judge and Report of the Oil and Gas Appellate Referee, if any;
(F) Exceptions and motions subsequent to the hearing;
(G) Orders or rules of the Commission; and
(H) Any other document or matter relevant to the issues ordered to be included by the Commission.
"Referee" means a duly licensed attorney in the State of Oklahoma who is familiar with statutes and rules governing Commission regulated entities in Oklahoma who shall provide central support to the Commission en banc in the hearing of matters before the Commission en banc.
"Register" or "registration" means the process for a person to request authority from the Commission to access the Electronic Case Filing System.
"Regular mail" means first class United States Mail, postage prepaid, and includes hand delivery. Wherever in OAC 165:5 a person is directed to mail by regular mail, such directive shall not preclude mailing by restricted mail.
"Respondent" means a named person against whom relief is sought in a proceeding, or a person who is entitled to receive a notice of hearing as set forth in 165:5-7-1(f), or who appears in opposition to relief sought by the applicant, and includes the term "defendant".
"Respondent list" means a list of named persons against whom relief is sought in a proceeding, or persons who are entitled to receive the application or complaint and notice of hearing as set forth in 165:5-7-1(f), or who appears in opposition to relief sought by the applicant, and includes the term "defendant". The "Respondent list" is distinguished from the Official ECF service list as defined herein.
"Restricted mail" means mailing by certified mail, return receipt requested, within the United States and its territories and mailing by registered mail outside the United States and its territories. For purposes of service outside the United States, "registered mail" includes any means provided by Federal Rule of Civil Procedure 4(f).
"Secretary" means the duly appointed and qualified Secretary, Assistant Secretary or Acting Secretary of the Commission, or any person appointed by the Commission to act as such Secretary during the absence, inability, or disqualification of the Secretary to act.
"Staff counsel" means a licensed attorney on staff at the Commission when acting as counsel for the Commission pursuant to the attorney's assigned duties at the Commission.
"Technical failure" means a malfunction of Electronic Case Filing System hardware, software, and/or telecommunications facility which results in the inability of a registered Electronic Case Filing System filer to file a document. It does not include the failure of a registered Electronic Case Filing System filer's equipment, software, and/or telecommunications facility.
"User manual" means the instructions for the Commission's Electronic Case Filing System.
"Website" means the Commission website.
Okla. Admin. Code § 165:5-1-3