As in effect on June 1, 2008
These rules will be known as "Rules of Practice and Procedure Before the Board of Oil, Gas and Mining" and will govern all proceedings before the Board of Oil, Gas and Mining or any hearing examiner designated by the Board. These rules provide the procedures for formal adjudicative proceedings. The rules for informal adjudicative proceedings are in the Coal Program Rules, the Oil and Gas Conservation Rules and the Mineral Rules.
For the purpose of these rules, the following definitions shall apply:
"Adjudicative proceeding" means a Board action or proceeding that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including all Board actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and judicial review of all such actions. Those matters not governed by Title 63G, Chapter 4, Administrative Procedures Act, of the Utah Code Annotated (1953, as amended) shall not be included within this definition.
"Board" means the Utah Board of Oil, Gas and Mining. The Board shall hear all appeals of adjudicative proceedings which commenced before the Division as well as all adjudicative proceedings and other proceedings which commence before the Board. The Board may appoint a hearing examiner for its hearings in accordance with these rules. Unless the context of these rules requires otherwise, references to the Board shall be deemed to refer to the hearing examiner when so appointed.
"Division" means the Utah Division of Oil, Gas and Mining.
"Intervenor" means a person permitted to intervene in a proceeding before the Board.
"Legally Protected Interest" means the interest of any "owner" or "producer" as defined in Section 40-6-2 Utah Code Annotated (1953, as amended), or as defined by the rules of the Board.
"Party" means the Board, Division or other person commencing a proceeding, all respondents, all persons permitted by the Board to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in a proceeding.
"Person" means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or other agency.
"Petitioner" means a person who requests the initiation of any proceeding (Request for Agency Action).
"Proceeding" means an adjudicative proceeding or other proceeding.
"Respondent" means any person against whom a proceeding is initiated or whose property interests may be affected by a proceeding initiated by the Board or any other person.
"Staff" means the Division staff. The Staff will have the same rights as other parties to the proceedings.
These rules will be liberally construed to secure just, speedy, and economical determination of all issues presented to the Board.
When good cause appears, the Board may permit a deviation from these rules insofar as it may find compliance therewith to be impractical or unnecessary or in the furtherance of justice or the statutory purposes of the Board. Notwithstanding this, in no event may the Board permit a deviation from a rule when such rule is mandated by law.
All rights, powers and authority described in Title 63G, Chapter 4, "Utah Administrative Procedures Act," of the Utah Code Annotated (1953, as amended), are hereby reserved to the Board. These rules shall be construed to be in compliance with the Utah Administrative Procedures Act.
administrative procedures
1988
November 5, 2007
40-6-1 et seq.
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