Okla. Admin. Code § 165:5-15-1

Current through Vol. 42, No. 4, November 1, 2024

Section 165:5-15-1 - General form and procedure

(a)Contents of orders. The Commission may prescribe a standardized format for all orders. Every order of the Commission shall contain the following where appropriate or except where the Commission determines otherwise:

(1) Caption, case number on the appropriate docket and order number. Every page of the order shall also contain a page number, the applicable subject matter docket listed in OAC 165:5-5-1(a), the docket number assigned to the case by the Court Clerk, and order type, e.g., emergency order, final order, etc.

(2) Appearances.

(3) Date and place of all hearings.

(4) Summary of allegations of applicant, and of all other parties of record.

(5) Summary of evidence of applicant, and of all other parties of record.

(6) Findings of fact, containing all ultimate facts found to have been established.

(7) Conclusions of law, containing:

(A) All legal conclusions found to be applicable to the facts; and

(B) The directive of the order stated in concise and mandatory language.

(8) Signature of the Secretary certifying as to all Commissioners participating in making the order. The signatures of the Secretary and Commissioners participating in the making of the order may be electronic signatures as provided in OAC 165:5-1-14.

(9) Seal of the Commission.

(10) Date of filing, and effective date where appropriate.

(b)Duty to send orders. The Commission shall immediately provide a copy of the order to all parties listed on the Official ECF service list. Thereafter, the applicant shall mail or otherwise deliver a copy of the order within five (5) days of the receipt of the order to any party of record or respondent in the Case not listed on the Official ECF service list. Where an attorney has appeared of record for a person, service shall be on the attorney.

(c)Effectiveness of order. The issuance of or effectiveness of an order or its enforcement will not be stayed or postponed by the filing of any motion for rehearing or for other relief therefrom. The Commission may by order stay any order pending further hearing, and may stay or postpone the effective date thereof, or enforcement thereof for such time and on such terms as may be just.

(d)Order titles and numbers. An order of the Commission, descriptively titled, shall be issued for all motions and other matters set for hearing, except for continuances, and all such orders shall be given an order number; provided that when a motion is withdrawn, no order shall be required to document the withdrawal.

Okla. Admin. Code § 165:5-15-1

Amended at 10 Ok Reg 2591, eff 6-25-93; 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

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

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 10/1/2023