§ 15-71-111 - Procedural rules, regulations, or orders -- Hearing.
               	 		
15-71-111.    Procedural rules, regulations, or orders -- Hearing.
    (a)    (1)  The  Oil and Gas Commission shall prescribe its rules of order or procedure  in hearings or other proceedings before the commission.
      (2)  The commission's rules of order and procedure shall be adopted in accordance with the law of this state.
      (3)  The  commission shall comply with the laws of this state and the  commission's rules that are applicable to the commission's hearings and  proceedings.
(b)    (1)  No  rule, regulation, or order, including change, renewal, or extension  thereof in the absence of an emergency shall be made by the commission  under the provisions of this act except after a public hearing upon at  least ten (10) days' notice given in the manner and form as may be  prescribed by the commission.
      (2)  The public hearing shall be held at the time, place, and in the manner prescribed by the commission.
      (3)  Any person having any interest in the subject matter of the hearing shall be entitled to be heard.
(c)    (1)  In  the event an emergency is found to exist by the commission which in its  judgment requires the making, changing, renewal, or extension of a  rule, regulation, or order without first having a hearing, the emergency  rule, regulation, or order shall have the same validity as if a hearing  with respect to that rule, regulation, or order had been held after due  notice.
      (2)  The emergency rule,  regulation, or order permitted by this subsection is effective until the  date of the next regular commission hearing set to be held after the  emergency rule, regulation, or order was issued.
      (3)  In  any event, it shall expire when the rule, regulation, or order made  after due notice and hearing with respect to the subject matter of the  emergency rule, regulation, or order becomes effective.
(d)  Should  the commission elect to give notice by personal service, the service  may be made by any 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 summons in civil actions in the circuit courts of this state.  Proof of the service by the agent shall be by the affidavit of the  person making personal service.
(e)  All  rules, regulations, and orders made by the commission shall be in  writing and shall be entered in full by the director in a book to be  kept for such purpose by the commission. This book shall be a public  record and shall be open to inspection at all times during reasonable  office hours. A copy of the rule, regulation, or order, certified by the  director, shall be received in evidence in all courts of this state  with the same effect as the original.
(f)  Any  interested person shall have the right to have the commission call a  hearing for the purpose of taking action in respect to any matter within  the jurisdiction of the commission by making a request therefor in  writing. Upon the receipt of any request, the commission shall promptly  call a hearing thereon, and, after the hearing, and with all convenient  speed and in any event within thirty (30) days after the conclusion of  the hearing, shall take such action with regard to the subject matter  thereof as it may deem appropriate.