Okla. Admin. Code § 165:5-7-1

Current through Vol. 42, No. 3, October 15, 2024

Section 165:5-7-1 - General application and notice requirements

(a)Scope. Except where otherwise specifically provided in this Subchapter, including the Petroleum Storage Tank Division at OAC 165:5-21-3, the provisions of this Section shall govern the commencement of a case filed with the Commission and over which the Commission may exercise jurisdiction, including applications for declaratory rulings as to the applicability of any rule or order of the Commission.

(b)Form. Every case shall be commenced by:

(1) An application.

(2) A complaint.

(3) An order or notice of the Commission commencing a case.

(c)Caption. The application or complaint shall be headed by a caption, which shall contain:

(1) The heading, "Before the Corporation Commission of the State of Oklahoma".

(2) The applicant.

(3) The relief sought. In the case of a conservation docket or pollution docket case, the statement shall contain the legal description of the lands involved in the case.

(4) The docket identifying initials, year prefix, and case number, pursuant to OAC 165:5-5-1.

(5) The title of the document.

(6) In the case of an enforcement docket case, the caption shall contain the name(s) of the respondent(s).

(d)Body. The body of the application or complaint shall consist of five numbered paragraphs, if applicable, as follows:

(1)Applicants and respondents identified. The applicant shall be identified, including name, address, electronic mail address, and telephone number of his attorney or designated representative and the nature of the applicant's interest in the subject matter of the case; and the name and address of each person (if any) named as respondent.

(2)Allegation of facts. The allegation of fact stated in the form of ultimate facts, without unnecessary detail, upon which the right to relief is based. The allegations will be stated in numbered subparagraphs as necessary for clarity.

(3)Legal authority. Citations of statutes, rules, orders, and decided cases authorizing the relief sought; including, in the case of a complaint, the laws, rules, regulations, or orders alleged to have been violated. Statutes shall be cited by title and section. Rules and orders of the Commission shall be cited by number. Decided cases shall be cited by citation to official reports. Quotations from legal authorities shall not be required.

(4)Relief sought. A brief statement of the provisions of the order, authority, or other relief sought. An application relating to oil and gas conservation shall seek only one type of relief. Formal prayer for relief shall not be required.

(5)Specify order to be affected. An application to vacate, alter, modify, or amend an order shall state the specific order in the body which is sought to be vacated, altered, modified, or amended.

(e)Certification. The application shall be signed by the applicant, or an authorized agent of the applicant, or by the attorney for the applicant, and shall set out the mailing address, telephone number, electronic mail address and bar identification number of the person so signing it, as applicable. The person signing the application shall be deemed, on signing same, to be certifying that:

(1) The signer has read the application.

(2) To the best of the signer's knowledge, information, and belief formed after reasonable inquiry the facts and allegations contained in the application are true and correct.

(3) The application is not filed to harass or to cause unnecessary delay or needless expense.

(f)Service of an application. Except as hereinafter provided in this Subchapter, every application and notice of hearing stating the date on which the case is set for hearing, if required, in which a person is named a respondent shall be served by regular mail on each respondent named therein and Commission staff counsel by the person filing the application.

(g)Service of subsequent documents. All documents subsequent to the application in a case shall be served on a party of record through the ECF System in accordance with 165:5-1-14.1, or by regular mail, electronic mail, or in person, except where the rules of this Chapter or a statute requires a specific mode of service which shall be followed. Service on a corporation may be by delivery to the registered corporate agent, or by delivery to the principal place of business of the corporation. Service outside the United States and its territories shall be by any means provided by Federal Rule of Civil Procedure 4(f). For purposes of this Section, a corporation may designate its principal place of business by filing a notice thereof with the Court Clerk. When an attorney has appeared of record for a person, all subsequent service shall be on the attorney. Service through the ECF System, or by mail, or electronic mail shall be complete on the date and time of transmittal except where otherwise provided in this Chapter or by statute; provided, that a person may be granted appropriate relief upon showing that a document so served was not received, or delivery thereof was delayed.

(h)Certificate of service. Except where an affidavit of mailing is required by law or by this Subchapter, a certificate of service shall be filed following or with the filing of every document. The certificate of service shall contain a list of the persons served and the date and particular method of service to each person, including those registered for the ECF System.

(i)Service not jurisdictional. Service prescribed by the rules of this Subchapter shall not be jurisdictional except where so provided by the Constitution or by statute. Failure to comply with the provisions of this Section as to mailing and service of notice shall not deprive the Commission of jurisdiction of the application or complaint, but shall be grounds for such appropriate relief as the Commission may order.

(j)Notice of hearing. Every application, except as provided in this Chapter for motor carrier, Oklahoma Universal Service Fund, and public utility applications, shall be accompanied by a notice of hearing, which date shall be set by the Commission. The notice of hearing shall be published as provided in the rules of this Subchapter.

(k)Signatures. The notice of hearing shall contain the typewritten name of each current Commissioner at the bottom of the notice, which shall serve as the Commissioner's electronic signature, followed by the signature of the person filing the application.

(l)Content of notice. The notice shall contain:

(1) The caption from the application.

(2) The time, date, and place of hearing.

(3) Briefly the general nature of the order, rule, regulation or other relief sought.

(4) In oil and gas cases, where applicable, the names or description of all common sources of supply affected by the order sought; or that the entire state would be affected.

(5) Who to contact for additional information.

(m)Form of notice. The notice shall conform substantially to the form shown in Appendix A to this Chapter.

(n)Notice by publication.

(1) When a case other than an oil and gas or Petroleum Storage Tank Division case is commenced, the applicant shall cause the notice of hearing prescribed in (j) through (l) of this Section to be published in one or more newspapers of general circulation, on dates and for periods as required by law, or this Subchapter, or as the Commission shall order.

(2) In oil and gas cases, unless otherwise provided in this Subchapter, the notice of hearing shall be published one time at least fifteen (15) days prior to the hearing in a newspaper of general circulation published in Oklahoma County, Oklahoma and in a newspaper of general circulation published in each county in which the lands embraced in the application are located.

(3) Publication shall be at the expense of the applicant, and shall be made in a newspaper which has met the statutory requirements for publication of legal notices. Written proof of publication shall be filed in the case.

(4) Proof of publication shall be established by an original proof of publication.

(5) Publication is not necessary unless otherwise required by the Constitution, a statute, a Commission rule, or a Commission order.

(o)Effective date prior to date of issuance of order. No order may be made effective prior to its date of issuance without evidence placed into the record that the approval of such effective date is necessary. An effective date prior to the date of issuance of the order shall be requested in the application and placed in the special relief paragraph of the notice of hearing.

(p)Notice of motor carrier motions and applications. Notice of all motor carrier motions and applications shall be printed on the Commission docket as prescribed by law for circulation to the public.

Okla. Admin. Code § 165:5-7-1

Amended at 9 Ok Reg 2323, eff 6-25-92; Amended at 10 Ok Reg 2591, eff 6-25-93; Amended at 12 Ok Reg 2005, eff 7-1-95; Amended at 16 Ok Reg 829, eff 1-25-99 (emergency); Amended at 16 Ok Reg 2807, eff 7-15-99; Amended at 20 Ok Reg 2293, eff 7-15-03; Amended at 25 Ok Reg 2179, eff 7-11-08; 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 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