Wyo. Code R. 055-0001-5
Effective Date: 02/09/1996 to 03/11/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 055.0001.5.02091996
Section 1. Adoption of Rules. Section 1 through 16 shall be known and designated as the 'Rules of Practice and Procedure' before the Wyoming Oil and Gas Conservation Commission and shall apply in all proceedings before the Commission or its Examiners relating to the conservation of oil and gas, and in the administration by the Commission of the Wyoming Conservation Law and the rules adopted by this Commission thereunder.
Notice of a proposed change and/or addition to these rules and regulations requires forty-five (45) days advance notice prior to the hearing. In compliance with the Administrative procedures Act, such notice shall include a statement of the proposed change and/or addition to the rules, the time and place of the hearing.
Section 2. Commencement of Proceedings. Proceedings may only be commenced by the filing of six (6) copies of a verified and complete application or complaint as defined in Definition 137, complete with a map or plat showing the area affected by the application, with the State Oil and Gas Supervisor of the Commission, and the payment to the Secretary of a filing fee of Twenty-five Dollars ($25.00). An applicant who contemplates a continuance must notify the Commission and affected parties of the continuance three (3) working days prior to the hearings. In the event the three day notice is not given, the Commission may dismiss the application without prejudice. If an application is continued at the request of the applicant, an additional twenty-five dollar ($25.00) fee will be assessed for each and every continuation thereafter.
Section 3. Docket and Copies. When a proceeding is instituted, the Secretary of the Commission shall assign it a number and enter the proceeding, with the date of its filing, on a separate page of a docket provided for such purpose. Thereafter, six (6) copies of all pleadings offered in the same proceeding shall be filed and shall bear the docket number so assigned and be noted with the date of filing upon such docket page or a continuation thereof.
Section 4. Additional Copies. The Secretary may at any time require a party to furnish such additional copies of any pleading filed by it as may be deemed necessary.
Section 5. Notice of Complaints and Applications. The manner and time for giving notice of complaints and applications and the time and place for hearings shall be in accordance with the provisions of the Wyoming Conservation Law; provided that the Commission may in any proceeding give such additional notice or notices as it deems necessary or proper under the circumstances.
In addition to any other notice required by law, or these rules, any person who believes that he may be an interested party in any hearing before the Commission and who has filed a Request for Notice of Public Hearing upon the form provided therefore by the Supervisor which is then in force, shall be entitled to receive notice by mail of all hearings before the Commission. The notice provided for in this rule shall be mailed by the Supervisor to all parties so requesting it not later than ten (10) days before the date of hearing. (As amended January 19, 1968).
Section 6. Pleadings Required and Right to be Heard. Except as provided in Chapter V, Section 13, it shall not be necessary in any proceeding that any pleading other than the original complaint or application be filed by any interested party in order that a hearing may be held, and any interested person shall be entitled to be heard at any hearing without the necessity of filing any pleading or entering any appearance in the proceeding prior to the date of the hearing.
Section 7. Attorneys. Any person appearing before the Commission or its Examiners in a representative capacity shall be precluded from examining or cross-examining any witness in any hearing unless such person shall be an attorney licensed to practice law in the State of Wyoming, or a non-resident attorney associated with a Wyoming attorney.
Section 8. Subpoenas. The Secretary shall have the power to and shall issue subpoenas requiring attendance of witnesses and the production of books, papers, and other instruments to the same extent and in the same manner and in accordance with the procedure provided in the Rules of Civil Procedure of the State of Wyoming, which authorize the issuance of subpoenas by Clerks of the District Courts.
Section 9. Depositions. Depositions may be taken by parties to a proceeding and used in hearings before the Commission or its Examiners in the same manner and under the same conditions prescribed in the Rules of Civil Procedure of the State of Wyoming relating to the taking and use of depositions in the courts of this State.
Section 10. Petition to Promulgate, Amend or Repeal Rules. Any interested person may petition the Commission for the promulgation, amendment or repeal of any rule by filing a written petition with the Supervisor setting forth such facts and arguments as support the petition. Upon receiving such a petition, the Supervisor shall submit it to the Commission for consideration. The Commission as soon as practicable, shall either (1) deny the petition in writing (stating its reasons for denial), or (2) initiate rule making proceedings pursuant to the appropriate provisions of the laws of the State of Wyoming. (As amended August 8, 1967).
Section 11. Appointment of Examiners. The Commission may appoint one or more Examiners, in accordance with the laws of the State of Wyoming to conduct hearings in accordance therewith.
Section 12. Hearings before the Commission. The following matters and proceedings shall in all cases initially be set for hearing before the Commission:
(a) Matters which the Commission or the Supervisor in its or his discretion believes should be heard by the Commission.
(b) Matters in which the application or motion pursuant to which the hearing is held specifically requests that the hearing be held before the Commission.
(c) Proceedings initiated on the motion of the Commission for the enforcement of any rule, regulation, order or statutory provision.
(d) Proceedings held for the purpose of considering the amending, removing or adding of a statewide rule.
(e) Any decision by the Supervisor may be appealed to the Commission.
Section 13. Hearings before an Examiner. Except as provided in Section 12 above, all matters and proceedings for which a hearing is required may initially be set for public hearing before an Examiner. If, after a matter or proceeding has been set for hearing before an Examiner, a party who may be affected by an order of the Commission in the matter or proceeding shall file with the Commission more than three (3) days prior to the date set for the hearing on the matter or proceeding, a written objection to hearing of such matter or proceeding before an Examiner and a request for a hearing before the Commission, the Examiner shall, at the time and place specified in the notice of such hearing enter an order continuing the hearing to a day certain, and setting the matter or proceeding for hearing before the Commission. If notice of the hearing to be held before the Examiner has been given as required by law, no new notice shall be necessary, but the Commission may give an additional notice of the continuance of the hearing that it deems necessary or proper under the circumstances.
Hearings before Examiners shall be conducted informally. Oral statements may be made, and questions may be asked by any interested party, or by the Examiner, but no transcripts shall be made. The record of such a hearing shall consist solely of the appearances of interested parties, the verified application, and any exhibits, pleadings, written statements, or other documentary evidence submitted by the interested parties.
Upon conclusion of a hearing before an Examiner, the Examiner shall advise the interested parties of the action which will be recommended to the Commission. Such recommendation may be for the granting of the application, in whole or in part, for the denial thereof, or for an order setting the matter for rehearing before the full Commission by filing a written request therefor within three (3) days after the conclusion of the hearing.
Section 14. Rehearing before the Commission. If a request for rehearing has been timely filed by any interested party, or rehearing is recommended by an Examiner, or if the Commission is of the opinion that an order should not be entered as recommended by the Examiner, the Commission shall order a rehearing of the matter. Such rehearing shall be conducted as a de novo proceeding in the same manner as other hearings before the Commission. (Adopted July 20, 1971).
Section 15. Record of Hearings before an Examiner. Promptly after the conclusion of any hearing conducted by an Examiner, the Examiner shall certify the record of the hearing to the Commission and make his report and recommendations for the disposition of the matter of proceeding by the Commission. The Commission shall consider the report and the report and recommendations of the Examiner, and the record of the hearing, and shall enter its order within thirty (30) days after the conclusion of the hearing. (As amended July 20, 1971).
Section 16. Operations Which May be Approved Administratively; Notice. In all cases in which the applicant requests approval of an operation, which under the statutes or the rules of the Commission may be approved by the Supervisor as an administrative matter, the applicant shall file his application therefor as provided in Chapter V, Section 2. The application shall set forth all material facts involved including any specific information required by the section or statute authorizing administrative approval of the operation. In addition to any other notice required by the statute or these rules, the applicant shall notify those owners, as defined by the Wyoming Conservation Law, of lands within one-half (1/2) mile from the well or wells in which such operation is to be undertaken. In the event the application is for an exception to the well location requirements of a Commission order establishing drilling and spacing units, then the applicant shall, in addition to any other notice required by statute, give the notice required by §30-5-109(c)(ii), Wyoming Statutes annotated 1977, and any amendments thereto. The notice to be given by applicant shall be by mail (which mailing shall be by registered or certified mail where so required by statute or these rules) and shall set forth the nature of the application and the lands thereby affected. Proof of the mailing of such notice shall be by affidavit, which shall contain a list of names and addresses of all parties given notice by the applicant, and such affidavit must be filed with the Supervisor before any action is taken on the application.
The operation proposed in the application shall be approved by the Supervisor administratively and without hearing unless:
(a) The applicant requests a hearing; or
(b) A written objection to the application by a person entitled under these rules or by statute to receive notice by mail of the filing of the application, is filed with the Supervisor within fifteen (15) days after the required mailing is shown to have been made. Provided, that if there are filed with the Supervisor written consents to the application from all such persons otherwise entitled to notice by mail of the filing thereof, said Supervisor may immediately approve the application without awaiting the expiration of said fifteen day period if none of the contingencies specified in paragraphs a, c, and d of this Section 16 have occurred; or
(c) The Supervisor in his discretion is of the opinion that a hearing is necessary or desirable; or
(d) The Supervisor determines that the application should be disapproved.
If the application is not approved, the Supervisor shall promptly advise the applicant and state the reasons therefor.
If any such written objections to such application are properly filed, as above provided, or if the Supervisor determines that a hearing is necessary or desirable or, if the applicant requests a hearing, the application shall be set for hearing and notice of the time, place and purpose of the hearing shall be given by the Supervisor to the applicant and all owners to whom the applicant gave notice of the filing of the application at least ten (10) days before the date of such hearing. Such notice shall be by registered or certified mail with return receipt requested. (As amended January 19, 1968).
Section 17: Conservation Tax Disputes. An oil or gas producer may apply to the staff of the Wyoming Oil and Gas Conservation Commission or to the Commission for a refund or adjustment of the mill levy conservation tax he has paid. Except as otherwise provided in this rule, said application must be made within one (1) year of the date the tax was due or paid, must be in writing, and state the grounds for the refund and the amount. The Commission and the staff may disregard any application for refund or grounds for refund not complying with this. If the staff does not consent to a refund, it shall so notify the producer. The producer shall have thirty (30) days from the date such notice is mailed to file a petition for review by the Commission. If he does so, the Commission shall set the matter for hearing and make a determination.
If the producer and the staff do not agree on the amount of the tax due, the producer may pay the amount claimed by the staff under protest. Such protest shall be in writing and state the amount of the tax that is being protested and the grounds. The Commission may disregard any protest of taxes or grounds of protest not complying with this; otherwise, the Commission will set the matter for hearing and make a decision.
In the case of unitized operations, an application for a refund or adjustment of the mill levy conservation tax must be made within one (1) year of the determination of the adjustment resulting under the applicable unitization agreement.
Notwithstanding any provision in this rule, any refund claim filed after one (1) year of the date the tax was due or paid and approved by the Commission may be allowed as a credit on the producer's current year's or subsequent year's mill levy conservation tax obligation.
If the Commission agrees with a protest or a request for a refund, it shall refund the amount overpaid by the producer without interest. The Commission may refuse to make a refund in an amount less than ten dollars ($10.00). (Rule amended September 9, 1992).
Natural Gas which is vented or flared under authority of the Wyoming Oil and Gas Conservation Commission and natural gas which is reinjected or consumed prior to sale for the purpose of maintaining, stimulating, treating, transporting or producing crude oil or natural gas on the same lease or unit from which it was produced is exempt from the mill levy conservation tax of W.S. §30-5-116.
Section 18. Removal of Abandoned Oil Field Equipment. When oil field equipment has been abandoned, as defined in Chapter I, Section 2 m.m. on the lease where a well is located, the Commission may deem the equipment abandoned and transfer title of the equipment to the person who plugs the well, reclaims the drill site, or who will remove the equipment. In doing so, the Commission shall proceed as follows: The Commission shall give notice to the owner of the well or any person who has assumed ownership of the well, and the operator (as reflected by the Commission's records), and to lienholders as reflected by the lien filing records of the Wyoming Secretary of State and the County Clerk of the county in which the equipment is located. The Commission shall check the lien filings with the Secretary of State and County Clerk within ten (10) days prior to giving this notice. Notice to lien holders as provided in this rule shall be given to those who are lien holders as reflected by the Secretary of State's and County Clerk's records at the time of the records check. Notice shall be given by certified mail to the owner's and operator's address of record with the Commission and to the lien holder's address of record as reflected by the lien document. The notice shall advise the parties of the general description and location of the equipment and that, if the equipment is not removed within thirty (30) days of the mailing of notice, the Commission will deem it abandoned, and will give possession and ownership of the equipment to the person who plugs the well, reclaims the drill site, or who will remove the equipment. If the equipment is not removed within the thirty (30) days, the Commission may set the matter for hearing. Notice of the hearing shall be mailed, at least fourteen (14) days prior to the hearing to the owner and lien holders as determined above by certified mail. After a hearing, and upon proof of compliance with the above procedures, and that the equipment is abandoned as defined in Chapter I, Section 2 m.m. the Commission may find the equipment has been abandoned by the owner and lien holders. The Commission may then issue an order which transfers ownership of the equipment, free and clear, to the person who reclaims the drill site, plugs the well, or removes the equipment.
Section 19. Abandoned Equipment, Notice to Others. If a person desires to receive notice of future proceedings to declare equipment abandoned under Chapter V, Section 18, he shall proceed as follows. He must file a written request to that effect with the Commission. The request shall specify the specific types of equipment and its location, by section, township, and range about which he wishes to receive notice and the address to which he wants the Commission to send the notice. If the abandonment proceeding under Chapter V, Section 18, involves those specific types of equipment at the location stated in the notice, the Commission shall notify the person who requested to receive such notice in the manner and at the times provided in Chapter V, Section 18, for notice to the owner of the well.