Ala. Admin. Code r. 400-7-1-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 400-7-1-.05 - Commencement Of Proceedings

(1) The Board, upon its own motion, the Attorney General of the State of Alabama on behalf of the State, any operator or producer, or any other interested person may institute proceedings for a hearing. If such hearing is sought by the Board, it shall be on motion of the Board, and if by any other person, it shall be by written petition.

(2) A petitioner, other than the Board, shall comply with Rule 400-7-11 relating to Notice and must also file a written petition for a hearing, in neat and legible type written or printed form, together with four (4) copies thereof, with the Board at least twenty-five (25) days prior to the meeting at which such petition shall be heard, unless otherwise allowed by the Board; provided, however, a petition requesting an emergency order may be granted or denied by the Board in less than twenty-five (25) days from the filing of such petition requesting such action. If a petition, filed in accordance with the procedures outlined herein, has not been received by the Board at least twenty-five (25) days prior to the date of such hearing, such petition may be continued or dismissed.

(3) Five (5) copies of all exhibits to be presented by a petitioner as evidence at any hearing shall be submitted to the Board, at least twenty (20) days prior to such hearing. Five (5) copies of all exhibits to be presented by parties other than petitioner as evidence shall be submitted to the Board, at least two (2) working days prior to such hearing. The Board may, in its discretion waive the prefiling requirement. If a petition is continued, all parties shall submit five (5) copies of exhibits to be presented to the Board at least twenty (20) days prior to the hearing. Exhibits shall be dated as of the date of preparation and signed by the person who prepared the exhibits.

(4) If the form or content of a petition does not comply with these rules and regulations, the Board may decline or refuse to schedule a hearing regarding the petition.

Ala. Admin. Code r. 400-7-1-.05

New Rule: Filed April 11, 2000; effective May 16, 2000. Amended: Filed July 31, 2001; effective September 4, 2001. Amended: Filed June 12, 2009; effective July 17, 2009.

Author: J. H. Masingill

Statutory Authority:Code of Ala. 1975, §§ 9-17-1etseq.