§ 15-76-307 - Procedure and rules of the commission.
15-76-307. Procedure and rules of the commission.
(a) The Oil and Gas Commission shall prescribe its rules of order and procedure with respect to all hearings or proceedings hereunder in accordance with and as limited by the laws of this state applicable to hearings and proceedings before the commission under other acts of this state, including provisions of law regarding notice and hearing and provisions of law regarding the promulgation by the commission of rules, regulations, and orders, including changes, renewals, or extensions thereof, and including emergency promulgations.
(b) No rule, regulation, or order, including change, renewal, or extension thereof, shall, in the absence of an emergency, be made by the commission under the provisions of this subchapter except after a public hearing upon at least twenty (20) days' notice given in the manner and form as may be prescribed by the commission. Such public hearing shall be held at such time and place and in such manner as may be prescribed by the commission. Any person having any interest in the subject matter of the hearing shall be entitled to be heard.
(c) 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, such emergency rule, regulation, or order shall have the same validity as if a hearing with respect to the rule, regulation, or order had been held after due notice. The emergency rule, regulation, or order permitted by this section shall remain in force no longer than sixty (60) days from its effective date, and, 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 such emergency rule, regulation, or order becomes effective.
(d) Should the commission elect to give notice by personal service, 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 be open to inspection at all times during reasonable office hours. A copy of such 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 and upon payment of a fee of two hundred fifty dollars ($250) or such sum as the commission may prescribe for each application for hearing or other proceeding before it under this subchapter. However, in no event shall the fee exceed five hundred dollars ($500). Upon the receipt of the request and fee, the commission shall promptly call a hearing thereon and, with all convenient speed and in any event within thirty (30) days of the date of the conclusion of the hearing, shall take action with regard to the subject matter thereof as it deems appropriate.