1. (a) Reply. No documents shall be required other than the application and responses thereto. Reply to a response shall be permitted but shall not be required.

2. (b) Motions. No motion shall be filed until the complete Application is received in the Court Clerk's office or filed via ECF. Obtaining a case number is not considered the filing of the complete Application. All other objections to or requests for action or relief shall be by motion, with service to all persons entitled to notice. Service of the motion shall be made through the ECF System to those on the Official ECF service list, by regular mail, electronic mail, or in person as provided in this subsection, unless otherwise provided by statute. The motion shall state in concise language the action or relief sought and the facts and circumstances upon which the right thereto is based.

   1. (1) All motions shall be set on a regularly scheduled motion docket by a separately filed Notice of Hearing to be heard by an Administrative Law Judge unless determined otherwise by a prehearing/scheduling agreement or a prehearing/scheduling order. All motions filed after a case has been set before the Commission or assigned to an Administrative Law Judge on the merits shall be set as directed by the Commission or the assigned Administrative Law Judge. The filing of a motion may not automatically delay the hearing on the merits.

      1. (A) Prior to the record being opened on the merits or a prehearing/scheduling agreement filed or a prehearing/scheduling order issued, notice shall be given to all persons entitled to notice by the movant by serving at least five (5) business days prior to the date set for hearing. Service of the notice shall be made through the ECF System to those on the Official ECF service list, by regular mail, electronic mail, or in person, unless otherwise provided by statute. A copy of the motion and notice of hearing shall be provided to each respondent.
      2. (B) After the record in the case has been opened on the merits or a prehearing/scheduling agreement has been filed or a prehearing/scheduling order has been issued, notice shall be given to all persons entitled to notice by the movant by serving, at least five (5) business days prior to the date set for hearing. Service of the notice shall be made through the ECF System to those on the Official ECF service list, by regular mail, electronic mail, or in person, unless otherwise provided by statute. A copy of the motion and notice of hearing shall be provided to all parties of record.

   2. (2) Exceptions to such motions may be lodged in accordance with the provisions of OAC 165:5-13-5(a)(1) except as provided in (A) and (B) of this paragraph.

      1. (A) In oil and gas related matters, all decisions on motions filed after the case has been assigned to an Administrative Law Judge shall be considered in the Report of the Administrative Law Judge unless the Administrative Law Judge directs otherwise.
      2. (B) In all other matters, the decisions on motions filed after a scheduling agreement has been filed or a scheduling order has been issued in a case shall be considered in the Report of the Administrative Law Judge unless the Commission or Administrative Law Judge directs otherwise.
3. (c) Response/objection to motions. Any person may file and serve a response or objection to any motion at any time before the motion is heard. The title of the response or objection shall refer to the motion being considered. Responses or objections filed to motions which already have been set for hearing shall not require a Notice of Hearing.
4. (d) Amendment. Amendment of a document may be permitted at any time upon such terms as are just. An amendment may take the form of a substitute document, an amendment or supplement, deletion of language, or correction by interlineation. Response may be made to an amended document, but shall not be required. An amended application is acceptable where notice is given according to the statutes or rules under which the original application was filed. Provided, however, no amended application shall be filed which changes the applicant's name, the type of relief requested, the legal description of the lands involved or the caption in the original application; instead, any such changes from the original application shall require the filing of a new application in accordance with Subchapter 5 of this Chapter.

5. (e) Dismissal. The applicant may dismiss the application with or without prejudice at any time prior to the record being opened at the hearing on the merits in said case by submitting a proposed order dismissing the case to the Administrative Law Judge assigned to the case or, if no Administrative Law Judge has been assigned, to the chief Administrative Law Judge and all parties of record. Such dismissal shall not dismiss the case as to specifically stated affirmative relief sought by any respondent and, upon the appearance at the time of hearing of any respondent who has not received notice of the dismissal or who has requested specific affirmative relief, such respondent may enter any evidence into the record and may be granted any relief which the Commission or Administrative Law Judge deems appropriate.

   1. (1) At any time prior to the record being opened at the hearing on the merits in a case, a respondent may file a motion to dismiss in the same manner as provided in (b) of this Section.
   2. (2) After the record has been opened at the hearing on the merits in a case, the case may be dismissed by agreement of all parties of record or recommended for dismissal with or without prejudice by the Commission or Administrative Law Judge upon the Commission's or Administrative Law Judge's own motion or upon motion of any party of record. A motion to dismiss filed hereunder shall comply with the provisions of (b) of this Section; provided that, in a case where a motion to dismiss has been filed, notice shall be served on each respondent in the case.

   3. (3) Upon five (5) business days' notice to parties of record, the Commission may entertain motions to dismiss for any of the following reasons:

      1. (A) Failure to prosecute.
      2. (B) Unnecessary duplication of proceedings or res judicata.
      3. (C) Withdrawal.
      4. (D) Moot question or obsolete applications.
      5. (E) Lack of jurisdiction.
      6. (F) Failure to submit a proposed order in a timely manner.
      7. (G) For other good cause shown.

   4. (4) Disposition Docket. Upon providing fifteen (15) calendar days' notice (the "Notice Period") on a posted disposition docket, and upon emailing notice of the same to all parties of record to a case, the Commission may dismiss a case without prejudice for any of the following reasons:

      1. (A) Failure to submit a proposed order to the Administrative Law Judge or the Commission within thirty (30) days after the recommendation date or as directed by the Administrative Law Judge or the Commission.
      2. (B) Failure to set a case on a day certain within one (1) year of its filing.
6. (C) Failure to file any pleading or status update in a case for one (1) year to the extent action by a party of record has been pending for such period and there is no order from the Commission preventing or prohibiting such action.
7. (D) Notwithstanding the foregoing, a case shall not be dismissed pursuant to this paragraph if a proposed or corrected order is submitted, the case is set on a day certain, or a pleading or status update is filed, in each case prior to the expiration of the Notice Period.

Amended at 12 Ok Reg 2005, eff 7-1-95

Amended at 19 Ok Reg 1939, eff 7-1-02

Amended at 20 Ok Reg 2293, eff 7-15-03

Amended at 27 Ok Reg 2098, eff 7-11-10

Amended at 29 Ok Reg 938, eff 7-1-12

Amended at 35 Ok Reg 946, eff 10-1-18

Amended at 36 Ok Reg 517, eff 8-1-19

Amended at 38 Ok Reg 1726, eff 10-1-21

Amended at 39 Ok Reg 881, eff 10-1-22

Amended at 41 Ok Reg, Number 23, effective 10-1-24

Amended at 42 Ok Reg, Number 20, effective 10-1-25