§ 17-330. Required procedures for hearing of protests.  


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  • A.  In every case requiring the exercise of its adjudicative authority pursuant to the Oklahoma Storage Tank Regulation Act, Sections 301 through 317 of Title 17 of the Oklahoma Statutes and the Oklahoma Petroleum Storage Tank Release Indemnity Program, Sections 350 through 358 of Title 17 of the Oklahoma Statutes, the Corporation Commission shall:

    1.  Require that any person protesting a case shall file a response or notice of protest at least five (5) days prior to the scheduled hearing date.  The Corporation Commission may extend the time for filing or grant leave to file out of time upon a showing of exigent or extraordinary circumstances;

    2.  Require that each case shall be heard within one hundred eighty (180) days of the date of filing unless all parties actively participating in the case agree otherwise or as otherwise provided in this section;

    3.  Provide for the issuance of subpoenas pursuant to the provisions of Section 2004.1 of Title 12 of the Oklahoma Statutes; and

    4.  Provide that discovery be conducted pursuant to the provisions of the Oklahoma Discovery Code, Sections 3224 through 3237 of Title 12 of the Oklahoma Statutes.

    B.  No more than two continuances shall be granted by the Corporation Commission in any case unless the continuance is agreed to by all of the parties actively participating in the case or as otherwise provided in this section.

    C.  The Corporation Commission may grant leaves to file out of time or an extension of time or continuance contrary to the provisions of subsections A and B of this section upon the showing of exigent or extraordinary circumstances.

Added by Laws 1998, c. 375, § 38, emerg. eff. June 9, 1998.