Okla. Admin. Code § 165:5-1-5

Current through Vol. 41, No. 24, September 3, 2024

Section 165:5-1-5 - [Effective 10/1/2024] Filing of documents

(a)Document form. All persons filing documents with the Court Clerk shall file through the ECF System, unless otherwise authorized, directed, or instructed by the Court Clerk, the Commission rules, the User Manual, or Commission order. Documents presented in paper to the Court Clerk will only be accepted and filed if such documents are submitted by a pro se filer or applications and subsequent pleadings filed in confidential motor carrier taxpayer/registrant protests pursuant to OAC 165:5-25-1, or otherwise authorized, directed, or instructed by the Court Clerk, the Commission rules, the User Manual, or Commission Order.

(b)Document Format. Documents filed with the Court Clerk through the ECF System shall be in portable document format ("PDF"), or another format stated in the User Manual. Documents filed in paper format may be printed, typewritten or reproduced by any legible method. All documents filed in paper format must be single-sided on 8 1/2" x 11" paper and ready for digital processing and uploading to the ECF System by the Court Clerk. Exceptions to the required document size may be allowed by the Court Clerk for good cause shown. Quotations shall be indented. Subsequent to the filing of the original application, every page of documents filed with the Court Clerk shall contain a page number, the applicable subject matter docket listed in OAC 165:5-5-1(a), the case number assigned by the Court Clerk, and document type, e.g., application, motion, response, or brief. All filed documents must have a continuous pagination for the entire document, including exhibits and attachments. The original application shall include all this information, except the case number, on each page. No document may be altered after filing; pages may not be otherwise inserted and no interlineations, additions or deletions may be made. If a filing error is made, the correct document or information, as appropriate, shall be submitted as a separate filing to the Court Clerk as soon as possible.

(c)Filing stricken by motion. Upon the motion of the Commission or Administrative Law Judge, or the filing of a motion pursuant to OAC 165:5-9-2(b), the Administrative Law Judge is authorized to recommend to the Commission an order to strike the filing of any document containing defamatory, scurrilous or improper language, or otherwise in violation of any of the rules of this Chapter. In case of such recommendation to grant a motion to strike a filed document, the subject document shall be presented to the Commission for ruling on acceptability for filing.

(d)Required information. The requirements of this subsection shall not be jurisdictional. All documents shall include the party's or attorney's actual or electronic signature, typed name, business mailing address, telephone number, and electronic mail address. All documents signed by an attorney shall contain the name of the State Bar Association to which the attorney belongs and his/her State Bar Association number. Anyone who disputes the authenticity of any electronic signature may file an objection to the document within five (5) business days of service.

(e)Requirement conflicts. Wherever any provision of the Constitution or laws of Oklahoma makes a requirement as to notice or procedure which exceeds or conflicts with any provision of the rules of this Chapter, the former shall govern.

(f)Informal communications. Nothing in the rules of this Chapter shall prohibit informal inquiry or complaint to the Commission by mail, electronic mail, or in person, which matters shall be handled administratively by the staff in an effort to secure amicable adjustment or agreement among affected persons. No official order shall be issued as a result of any informal proceedings.

(g)Electronic Mail transfers. This subsection only applies if needed and if circumstances warrant as an alternative, supplement, or complement to filing through the ECF system and only pursuant to authorization, instructions, or directions by or of the Court Clerk, the Commission rules, the User Manual, or Commission order.

(1) The Court Clerk shall accept pleadings submitted by electronic mail, at an address posted to the Commission's website, pending payment of the appropriate filing fees. A new case filing must be sent to the Court Clerk by electronic mail before 3:30 p.m. of each business day, otherwise it will have a file stamp reflecting the next regular business day.

(2) Unless otherwise delivered the same day, if an application for emergency relief in a spacing, location exception, increased density or multiunit horizontal well proceeding is submitted by electronic mail, a copy of such emergency application shall be sent by electronic mail to the Technical Services Department of the Commission at an electronic mail address to be designated by the Director of the Conservation Division, on the date of the filing.

(3) A CD case number may be requested by sending an electronic mail to the Court Clerk with the entire caption of the proposed application, a statement that only a case number is being requested, and contact information for the party requesting the case number. This will not be considered an electronic mail filing of the application and the date of filing the application will be the date the complete application is received in the Court Clerk's office or filed via ECF. In order to minimize gaps in the numbering of cases, the case number requested by electronic mail must be followed by filing original documents containing the exact same caption, within three (3) business days of the request, or the case number will be cancelled and may not be reused for any purpose.

(h)Confidential documents. All documents and information subject to a protective order or otherwise considered to be confidential by statute or Commission rule, must be clearly marked "confidential" on a separate cover or identification page for the document which contains a brief description of the document. With the exception of applications and subsequent pleadings filed by pro se filers opting to file in paper, or of applications and subsequent pleadings filed in confidential motor carrier taxpayer/registrant protests pursuant to OAC 165:5-25-1, confidential documents shall be filed in the ECF System using the "Mark as Confidential" option on the Upload Document screen. All documents deemed and marked as confidential shall be docketed and retained by the Court Clerk. Until the Commission determines otherwise, the cover page only of such filings will be viewable by the public for identification purposes. The responsibility for following these rules concerning confidential documents and information rests solely with counsel, the parties, or any other filer. The Court Clerk does not have any duty to review documents for compliance with this rule.

(i)Personal Identifier Information. If a filer includes personal identifier information such as Social Security numbers, tax identification numbers, financial account numbers, driver's license numbers, dates of birth, addresses or other sensitive information, in any document filed with the Court Clerk, electronically or otherwise, the document becomes a public record as filed, unless otherwise ordered by the Commission. Further, unless otherwise ordered or as otherwise provided by law, every filer, whether filing electronically or otherwise, shall redact the following information, except the last four digits, in documents prior to filing with the Court Clerk, including but not limited to:

(1) Social Security numbers;

(2) Taxpayer identification numbers;

(3) Financial account numbers; and/or

(4) Driver's license numbers.

Okla. Admin. Code § 165:5-1-5

Amended at 10 Ok Reg 2591, eff 6-25-93; Amended at 14 Ok Reg 2474, eff 7-1-97; Amended at 16 Ok Reg 2807, eff 7-15-99; Amended at 20 Ok Reg 2293, eff 7-15-03; Amended at 27 Ok Reg 2098, eff 7-11-10; Amended at 29 Ok Reg 938, eff 7-1-12

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

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

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018

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

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 10/1/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 10/1/2022

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 10/1/2024