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Utah Administrative Code (Current through November 1, 2019) |
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R649. Natural Resources, Oil, Gas and Mining; Oil and Gas |
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R649-10. Administrative Procedures |
| R649-10-1. Designation of Informal Adjudicative Proceedings |
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1. Adjudicative proceedings which shall be conducted informally before the division in accordance with these rules are all actions prescribed by the Oil and Gas Conservation General Rules as being specifically under the division's authority and jurisdiction including: R649-2 General Rules; R649-3 Drilling and Operating Practices; R649-5 Underground Injection Control of Recovery Operations and Class II Injection Wells; R649-6 Gas Processing and Waste Crude Oil Treatment; R649-8 Reporting and Report Forms; R649-9 Disposal of Produced Water. 2. Prior to the issuance of a final order in any adjudicative proceeding, the presiding officer may convert an informal proceeding to a formal adjudicative proceeding if: 2.1. Conversion of the proceeding is in the public interest. 2.2. Conversion of the proceeding does not unfairly prejudice the rights of any party. 3. Informal adjudicative proceedings shall be commenced and conducted in accordance with these rules and the provisions of the applicable Oil and Gas Conservation General Rules. In case of conflict between these rules and the Oil and Gas Conservation General Rules, these rules shall govern the informal adjudicative proceedings. |
| R649-10-2. Definitions |
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As used in these rules: 1. "Adjudicative proceeding" means an agency action or proceeding that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including all agency actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and judicial review of all of such actions. 2. "Agency" means the Board of Oil, Gas and Mining and the Division of Oil, Gas and Mining including the director or division employees acting on behalf of or under the authority of the director or board. 3. "Agency head" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by statute. 4. "Board" means the Board of Oil, Gas and Mining. 5. "Division" means the Division of Oil, Gas and Mining. 6. "License" means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by statute. 7. "Party" means the board, division, or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the board to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding. 8. "Person" means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or another agency. 9. "Presiding Officer" means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding. For the purpose of these rules, the board, or its appointed hearing examiner, shall be considered the presiding officer of all appeals or informal adjudicative proceedings which commence before the division as well as all adjudicative proceedings which commence before the board. The director or his designated agent shall be considered a presiding officer for all informal adjudicative proceedings which commence before the division. If fairness to the parties is not compromised, an agency may substitute one presiding officer for another during any proceeding. 10. "Respondent" means any person against whom an adjudicative proceeding is initiated whether by an agency or any other person. |
| R649-10-3. Commencement of Informal Adjudicative Proceedings |
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1. Except for emergency orders, all informal adjudicative proceedings shall be commenced by: 1.1. A Notice of Agency Action, if proceedings are commenced by the board or division; or 1.2. A Request for Agency Action, if proceedings are commenced by persons other than the board or division. 2. A Notice of Agency Action shall be filed and served according to the following requirements: 2.1. The Notice of Agency Action shall be in writing and shall be signed by a presiding officer and shall include: 2.1.1. The names and mailing addresses of all persons to whom notice is being given by the presiding officer, and the name, title, and mailing address of any attorney or employee who has been designated to appear for the agency. 2.1.2. The division's file number or other reference number. 2.1.3. The name of the adjudicative proceeding. 2.1.4. The date that the Notice of Agency Action was mailed. 2.1.5. A statement that the adjudicative proceeding is to be conducted informally according to the provision of these rules and Sections 63G-4-202 and 63G-4-203 if applicable. 2.1.6. A statement that the parties may request an informal hearing before the division within ten days, or such later period as may be provided for in the Oil and Gas Conservation General Rules, of the date of mailing or publication. 2.1.7. A statement of the legal authority and jurisdiction under which the adjudicative proceeding is to be maintained. 2.1.8. The name, title, mailing address, and telephone number of the presiding officer. 2.1.9. A statement of the purpose of the adjudicative proceeding and, to the extent known by the presiding officer, the questions to be decided. 2.2. The Division shall: 2.2.1. Mail the Notice of Agency Action to each party and any other person who has a right to notice under statute or rule. 2.2.2. Publish the Notice of Agency Action as required by statute or by the Oil and Gas Conservation General Rules. 2.2.3 Post a copy of the notice in a public area in the main office of the division at least 24 hours in advance of the scheduled agency proceeding. 2.3. A Request for Agency Action initiated by a person other than the board or the division shall be in writing and signed by the person seeking action by the agency or by his representative, and shall include: 2.3.1. The names and addresses of all persons to whom a copy of the request for agency action is being sent. 2.3.2. The agency's file number or other reference number, if known. 2.3.3. The date that the request for agency action was mailed. 2.3.4. A statement of the legal authority and jurisdiction under which the agency action is requested. 2.3.5. A statement of the relief or action sought from the division. 2.3.6. A statement of the facts and reasons forming the basis for relief or action. 2.4. The person requesting agency action shall file the request with the division and shall send a copy by mail to each person known to have a direct interest in the requested agency action unless previously waived in writing by each person entitled to receive notice of the requested agency action. 2.5. The person requesting the agency action may use the division forms as specified in the Oil and Gas Conservation General Rules as a request for agency action. 2.6. The presiding officer shall promptly review a Request for Agency Action and shall: 2.6.1. Notify the requesting party in writing whether the request is granted and when the adjudicative proceeding is completed; 2.6.2. Notify the requesting party in writing that the request is denied; or 2.6.3. Notify the requesting party that further proceedings are required to determine the agency's response to the request. 2.7. The division shall mail any required notice to all parties, except that any notice required by R649-10-3-2.6 may be published when publication is required by statute. 2.7.1. Give the division's file number or other reference number. 2.7.2. Give the name of the proceeding. 2.7.3. Designate that the proceeding is to be conducted informally according to the provisions of these rules and Sections 63G-4-202 and 63G-4-203 if applicable. 2.7.4. If a hearing is to be held in an informal adjudicative proceeding, state the time and place of any scheduled hearing, the purpose for which the hearing is to be held, and that a party who fails to attend or participate in a scheduled and noticed hearing may be held in default. 2.7.5. If the adjudicative proceeding is to be informal, and a hearing is required by statute or rule, or if a hearing is permitted by rule and may be requested by a party with the time prescribed by rule, state the parties' right to request a hearing and the time within which a hearing may be requested under the agency's rules. 2.7.6. Give the name, title, mailing address, and telephone number of the presiding officer. |
| R649-10-4. Procedures for Informal Adjudicative Proceedings |
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1. Procedures for informal adjudicative proceedings should include the following: 1.1. Unless the agency by rule provides for and requires a response, no answer or other pleading responsive to the allegations contained in the notice of agency action or the request for agency action need be filed. 1.2. The agency shall hold a hearing if a hearing is requested within ten days or such later period as may be provided for in the Oil and Gas Conservation General Rules. 1.3. In any hearing, the parties named in the Notice of Agency Action or in the Request for Agency Action shall be permitted to testify, present evidence, and comment on the issues. 1.4. Hearings will be held only after timely notice to all parties. 1.5. Discovery is prohibited, but the agency may issue subpoenas or other orders to compel production of necessary evidence. 1.6. All parties shall have access to information contained in the agency's files and to all materials and information gathered in any investigation, to the extent permitted by law. 1.7. Intervention is prohibited, except where a federal statute or rule requires that a state permit intervention. 1.8. All hearings shall be open to all parties. 1.9. Within a reasonable time after the close of an informal adjudicative proceeding, the presiding officer shall issue a signed order in writing that states the following: 1.9.1. The decision. 1.9.2. The reasons for the decision. 1.9.3. A notice of any right of administrative or judicial review available to the parties. 1.9.4. A statement that the filing of an appeal or the requesting of a review shall be accomplished within 30 days of the issuance of the order. 1.10. The presiding officer's order shall be based on the facts appearing in the agency's files and on the facts presented in evidence at any hearings. 1.11. A copy of the presiding officer's order shall be promptly mailed to each of the parties and to all persons who request a copy. 2.1. The agency may record any hearing. 2.2. Any party, at his own expense, may have a reporter, approved by the agency, prepare a transcript from the agency's record of the hearing. 3.0. Nothing in this section restricts or precludes any investigative right or power given to an agency by another statute. |
| R649-10-5. Default In An Informal Proceeding |
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1. The presiding officer may enter an order of default against: 1.1. A party in an informal adjudicative proceeding if after proper notice the party fails to participate in the informal adjudicative proceeding. 2.0. An order of default shall include a statement of the grounds for default and shall be mailed to all parties. 3.1. A defaulted party may seek to have the agency set aside the default order, and any order in the adjudicative proceeding issued subsequent to the default order, by following the procedures outlined in the Utah Rules of Civil Procedure. 3.2. A motion to set aside a default and any subsequent order shall be made to the presiding officer. 3.3. A defaulted party may seek board review under R649-10-6 only on the decision of the presiding officer on the motion to set aside the default. 4.0. In an adjudicative proceeding commenced by the agency, or in an adjudicative proceeding commenced by a party that has other parties besides the party in default, the presiding officer shall, after issuing the order of default, conduct any further proceeding without the participation of the party in default and shall determine all issues in the adjudicative proceeding, including those affecting the defaulting party. 5.0. In an adjudicative proceeding that has no parties other than the agency and the party(ies) in default, the presiding officer may, after issuing the order(s) of default, dismiss the proceeding. |
| R649-10-6. Appeal of Division Order |
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1. A request for review of an order issued by the division shall be filed with the secretary to the Board within 30 days of issuance of the order and: 1.1. Be signed by the party seeking review. 1.2. State the grounds for review and the relief requested. 1.3. State the date upon which it was mailed. 1.4. Be sent by mail to the presiding officer and to each party. 2. Within 15 days of the mailing date of request for review, or within the time period provided by agency rule, whichever is longer, any party may file a response with the board. One copy of the response shall be sent by mail to each of the parties and to the presiding officer. 3. The board shall review the order within a reasonable time or within the time required by statute or the agency's rules. 4. To assist in review, the board may by order or rule permit the parties to file briefs or other papers, or to conduct oral argument. 5. Notice of hearings on review shall be mailed to all parties. 6.1. Within a reasonable time after the filing of any response, other filings, or oral argument, or within the time required by statute or applicable rules, the board shall issue a written order on review. 6.2. The order on review shall be signed by the board chairman or by a person designated by the board for that purpose and shall be mailed to each party. 6.3. The order on review shall contain: 6.3.1. A designation of the statute or rule permitting or requiring review. 6.3.2. A statement of the issues reviewed. 6.3.3. Findings of fact as to each of the issues reviewed. 6.3.4. Conclusions of law as to each of the issues reviewed. 6.3.5. The reasons for the disposition. 6.3.6. Whether the decision of the presiding officer or agency is to be affirmed, reversed, or modified, and whether all or any portion of the adjudicative proceeding is to be remanded. 6.3.7. A notice of any right of further administrative reconsideration or judicial review available to aggrieved parties. 6.3.8. The time limits applicable to any appeal or review. |
| R649-10-7. Emergency Orders |
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Notwithstanding the other provisions of these rules, the director or any member of the board is authorized to issue an emergency order without notice and hearing in accordance with Section 40-6-10. The emergency order shall remain in effect no longer than until the next regular meeting of the board, or such shorter period of time as shall be prescribed by statute. 1. An emergency order may be issued if: 1.1. The facts known by or presented to the director or board member are supported by affidavit to show that an immediate and significant danger of waste or other danger to the public health, safety, or welfare exists; and 1.2. The threat requires immediate action by the director or board member, 2. Limitations. In issuing its emergency order, the director or board member shall: 2.1. Limit its order to require only the action necessary to prevent or avoid the danger to the public health, safety, or welfare; 2.2. Issue promptly a written order, effective immediately, that includes a brief statement of findings of fact, conclusions of law, and reasons for the agency's utilization of emergency adjudicative proceedings; 2.3. Give immediate notice to the persons who are required to comply with the order; and 2.4. If the emergency order issued under this section will result in the continued infringement or impairment of any legal right or interest of any party, the division shall commence a formal adjudicative proceeding in accordance with the procedural rules of the board. |
| R649-10-8. Exhaustion of Administrative Remedies |
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A person aggrieved by a division order in an adjudicative proceeding must seek review of that order by the board as provided in R649-10-6. |
| R649-10-9. Waivers |
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Notwithstanding any other provision of these rules, any procedural matter, including any right to notice or hearing, may be waived by the affected person(s) by a signed, written waiver in a form acceptable to the division. |