Mo. Code Regs. Ann. tit. 10, § 50-1.020
General Procedures
Effective Mar 30, 2016sections 259.070 and 259.190, RSMo Supp. 2015, and sections 259.140 and 259.200, RSMo 2000.* Original rule filed Oct. 11, 1966, effective Oct. 21, 1966. Amended: Filed Sept. 12, 1973, effective Sept. 22, 1973. Amended: Filed Sept. 13, 1983, effective Dec. 11, 1983. Amended: Filed Sept. 15, 2015, effective March 30, 2016. *Original authority: 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995, 2012, 2015; 259.140, RSMo 1965; 259.190, RSMo 1965, amended 1983, 2015; and 259.200, RSMo 1965Oil and Gas Council
PURPOSE: This rule provides for the general practice and procedure of the council and the application of rules promulgated by the council.
- (1) All rules promulgated shall be statewide in application unless otherwise specifically excepted by a written order of the council.
- (2) No order or amendment, except in an emergency, shall be made by the council without a public hearing upon at least ten
(10) days’ notice. The public hearing shall be held at a time and place as may be prescribed by the council and any interested person shall be entitled to be heard. The notice requirements in this regulation apply to each hearing arising under Chapter 259, RSMo, and implementing regulations heard by the council or any agent appointed by the council.
- (A) Notice of the hearing shall be published by the council in a newspaper of general circulation in the county where the land affected, or some part thereof, is situated. If the notice is applicable throughout the state, then it shall be published in a newspaper of general circulation which is published in Jefferson City.
- (B) A copy of the notice of the hearing shall be mailed by the council to each person who has filed for the purpose of receiving notice. The notice shall be mailed not less than ten (10) business days prior to the hearing date.
- (C) In addition to notice required in subsection (2)(A), the council also shall provide notice to any person whose property interests may be affected by the outcome of the hearing.
- (3) When the council determines an emergency requiring immediate action exists, the council is authorized to issue an emergency order without notice of hearing, which shall be effective when issued. No emergency order shall remain effective for more than fifteen (15) calendar days.
- (4) The department or its authorized representatives shall have the authority to enter property, with the consent of the owner or operator, to conduct investigations or inspections as are consistent with the intent of Chapter 259, RSMo.
- (5) The council, after a hearing as provided by law, may order an operation to cease or wells to be plugged upon a finding that any provisions of the laws, rules, or conditions of the council have been violated or that any fraud, deceit, or misrepresentation was made to obtain the approval of a permit. Appeals of any decision of the council may be made as provided by law. 10 CSR 50-1
- (6) Information submitted pursuant to Chapter 259, RSMo, and implementing regulations shall use Missouri nomenclature.
(7) Confidentiality. Information gathered pursuant to Chapter 259, RSMo, and implementing regulations is public record pursuant to the Missouri Sunshine law, Chapter 610, RSMo. Confidentiality may be granted upon request, in accordance with section 640.155.1, RSMo. Cancelled permits are not considered confidential.
- (A) If a written request for confidentiality is made to the state geologist within one hundred twenty (120) days of the spud date or the date of commencement of recompletion of the well, all information, samples, or cores filed as required in 10 CSR 50-2.050 shall be held in confidential custody for an initial period of one (1) year from the written request.
- (B) All rights to confidentiality shall be lost if the filings are not timely, as provided in 10 CSR 50-2.050, or if the request for confidentiality is not timely, as provided in subsection (7)(A).
- (C) Samples, cores, or information may be released before the expiration of the one- (1-) year period only upon written approval of the operator.
- (D) If a request for an extension is made at least thirty (30) days before the expiration of the initial one- (1-) year period, the period of confidentiality may be extended for one (1) additional year.
AUTHORITY: sections 259.070 and 259.190, RSMo Supp. 2015, and sections 259.140 and 259.200, RSMo 2000.* Original rule filed Oct. 11, 1966, effective Oct. 21, 1966. Amended: Filed Sept. 12, 1973, effective Sept. 22, 1973. Amended: Filed Sept. 13, 1983, effective Dec. 11, 1983. Amended: Filed Sept. 15, 2015, effective March 30, 2016. *Original authority: 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995, 2012, 2015; 259.140, RSMo 1965; 259.190, RSMo 1965, amended 1983, 2015; and 259.200, RSMo 1965.