R 299.2505 Types of hearings.

Rule 2505. (1) Upon receipt of a petition, the supervisor of mineral wells, after finding the petition to be complete, reasonable, and appropriate, shall determine whether the petition shall be heard. The supervisor of mineral wells shall give each hearing 1 of the following designations: (a) A supervisor of mineral wells evidentiary hearing to consider the adoption of an order having statewide application or ramifications. (b) A supervisor of mineral wells evidentiary hearing to consider matters of local concern in the administration of these rules or the orders of the supervisor of mineral wells or to consider other matters as may be referred to the supervisor of mineral wells. (c) A supervisor of mineral wells uncontested evidentiary hearing to consider matters of local concern in the administration of these rules or the orders of the supervisor of mineral wells or to consider a petition to which an answer was not filed as provided in R 299.2504(6). (2) If a timely answer is not filed to a petition or if oral hearing is waived by all interested persons present at a hearing, then the supervisor of mineral wells may direct that a petition be processed under subrule (1)(c) of this rule. In these cases, proceedings under subrule (1)(c) of this rule may be used if it appears that all issues of material fact may be resolved by means of written materials and that the proceeding can be efficiently handled without oral hearing. Where there is no oral hearing, all substantive evidence shall be presented by verified statement. The supervisor of mineral wells may require supplemental verified statements. (3) Prehearing conferences may be held at the discretion of the supervisor of mineral wells upon good cause shown, when the facts or legal issues are complex. A party may request a prehearing conference in his or her petition, answer, or in a responsive pleading. A hearing may be converted to a prehearing conference to ensure an orderly and expeditious hearing. (4) The parties to a proceeding may, by stipulation in writing or entered on the record, agree upon facts, law, or procedure involved in the matter. Stipulations of fact shall be considered as evidence in the proceeding. (5) The supervisor of mineral wells may, at any time during a proceeding, designate a hearings officer to conduct an evidentiary hearing as provided for under subrule (1)(a) of this rule. (6) The parties to a matter within the jurisdiction of the supervisor of mineral wells may agree to dispose of all or a part of a matter at issue by stipulation and consent order. The supervisor of mineral wells may enter the stipulation as a consent order, place the stipulation on public notice as is appropriate, or reject the stipulation.