R 299.2504 Notice of hearing; service; answer.

Rule 2504. (1) The supervisor of mineral wells shall prepare and furnish the notice of hearing to the petitioner, together with instructions for publication and service of the notice. (2) The petitioner shall compile a service list following instructions from the supervisor of minerals wells, based on information contained in the petition and based on additional information to be developed by the petitioner. The service list shall be compiled so as to assure reasonable notice to all persons entitled to receive notice of hearing. (3) The notice of hearing shall be published by the petitioner in a newspaper of general circulation in the county or counties involved with the matter to be heard. Publication shall occur once each week for 2 consecutive weeks before the date of the hearing. The last date of publication shall be at least 30 days before the date set for the hearing. Affidavits of proof of publication shall be filed with the supervisor of mineral wells before the order is issued. (4) The petitioner shall mail copies of the notice of hearing not less than 30 days before the hearing, to the persons listed on the service list, by first-class mail or personal service. An affidavit of proof of mailing shall be filed with the supervisor of mineral wells stating that the notice was deposited in the United States mail not less than 30 days before the hearing date, first-class postage prepaid, addressed to each person so served at his or her record address as set forth in the service list. Each person served, and his or her address of record, shall be specifically identified in the affidavit. The supervisor of mineral wells may require service by certified mail, return receipt requested. (5) If a hearing is initiated by the supervisor of mineral wells, or if the scope of a hearing requested by a petitioner is enlarged at the initiative of the supervisor of mineral wells, then the supervisor of mineral wells shall publish the notice of hearing. (6) An interested person shall not participate as a party in a hearing conducted under a petition unless the person files an answer in a timely manner with the supervisor of mineral wells and serves the answer to the petition upon the petitioner. An answer delivered in a timely manner shall be in the possession of the supervisor of mineral wells and the petitioner not less than 5 days before the date set for the hearing. The answer shall be in writing and shall set forth with specificity the interested person's positions with regard to the representations made or relief sought in the petition. An interested person is responsible for requesting a copy of the petition from the petitioner at the contact information set forth in the notice of hearing. The petitioner shall mail or deliver a copy of the petition and attachments to the interested person within 3 business days after receipt of a request. Failure of the petitioner to mail or deliver a copy of the petition to an interested person in a timely manner relieves the interested person of the obligation to file an answer and the interested person may present evidence or cross-examine witnesses. Failure to file and serve an answer in a timely manner precludes an interested person from presenting evidence at the hearing or cross-examining witnesses. However, a person who does not file an answer in a timely manner may make a nonevidentiary statement at the hearing. (7) The notice of hearing shall contain the following statement: An interested person may obtain a copy of the written petition by requesting 1 from the petitioner at_________________________________________. Take note that if an interested person wishes to participate as a party in the hearing by presenting evidence or cross-examining witnesses, an interested person shall prepare and deliver to the petitioner and supervisor of mineral wells, not less than 5 days before the hearing date, an answer to the petition in the manner set forth in R 299.2504(6). Proof of delivering the answer shall be filed with the supervisor of mineral wells on or before the date of the hearing. The answer shall state with specificity the interested person's position with regard to the petition. Failure to prepare and deliver an answer in a timely manner shall preclude an interested person from presenting evidence or cross-examining witnesses at the hearing. If an answer to the petition is not filed, the supervisor of mineral wells may elect to consider the petition and enter an order without oral hearing. (8) Upon a showing that service of notice cannot reasonably be made as provided by this rule, the supervisor of mineral wells may authorize service of the notice of hearing in another manner reasonably calculated to give the interested persons actual notice of the proceeding and an opportunity to be heard. A request for this authorization shall be made by verified motion. The motion shall set forth sufficient facts to establish that service under subrules (2) to (4) of this rule cannot reasonably be made and shall suggest an alternative method of service.