R 324.1204 Notice of hearing; service; answer.

Rule 1204. (1) The supervisor shall prepare and furnish the notice of hearing to the petitioner, together with instructions for publication and service of the notice. Upon receipt the petitioner shall serve copies of the notice of hearing on the last known addresses of the last record owners, lessees, lessors, or other parties of record in the register of deeds office or assessor's records, if appropriate, who own interests in the lands that are the subject matter of the proposed action, unless otherwise provided in these rules. (2) If directed by the supervisor, the petitioner shall also serve copies of the notice of hearing at the last known addresses of the last record owners, lessees, lessors, or other parties of record in the register of deeds office who own interests in all or part of the quarter-quarter sections of land directly and diagonally adjacent to the lands or areas that are the subject matter of the proposed action. (3) The notice of hearing shall be published by the petitioner in an oil and gas industry publication circulated in this state and in a newspaper of general circulation in the county or counties involved with the matter to be heard. Publication shall occur not less than 21 days before the date of the hearing. Affidavits of proof of publication shall be filed with the supervisor before the date of the hearing. (4) The notices of hearing shall be mailed not less than 21 days before the date of the hearing. Affidavits of proof of mailing by first-class mail or personal service shall be filed with the supervisor before the date of the hearing. An affidavit of proof of mailing shall state that the notice was deposited in the United States mail not less than 21 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 petition pursuant to R 324.1202. Each person so served and his or her address of record shall be specifically identified in the affidavit. The supervisor may require service by certified mail, return receipt requested. (5) If a hearing is initiated by the supervisor, or if the scope of a hearing requested by a petitioner is enlarged at the initiative of the supervisor, then the supervisor shall publish the notice of hearing and may give additional notification of the hearing by United States mail or personal service. (6) An interested person shall not be permitted to participate as a party in a hearing conducted pursuant to a petition unless the person files an answer in a timely manner with the supervisor and serves the answer to the petition upon the petitioner. The answer shall be in writing and shall set forth 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 address set forth in the notice of hearing. The petitioner shall mail or otherwise deliver a copy of the petition and attachments to the interested person within 3 days after receipt of a written request. Failure of the petitioner to mail or otherwise 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 shall not be precluded from presenting evidence or cross-examining witnesses. An interested person may mail or otherwise deliver his or her answer to the supervisor and the petitioner. To be considered timely an answer must be received by the supervisor and the petitioner not fewer than 5 days before the date set for the hearing. 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, an interested 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: You can obtain a copy of the written petition by requesting one in writing from the petitioner at____________________________________________________. Take note that if you wish to participate as a party in the hearing by presenting evidence or cross- examining witnesses, you shall deliver to the petitioner and supervisor, not less than 5 days before the hearing date, an answer to the petition in the manner set forth in R 324.1204(6). Proof of mailing or delivering the answer shall be filed with the supervisor on or before the date of hearing. The answer shall state with specificity the interested person's position with regard to the petition. Failure to prepare and serve an answer in a timely manner shall preclude you from presenting evidence or cross-examining witnesses at the hearing. If an answer to the petition is not filed, the supervisor 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 may authorize service of the notice of hearing to be made in another manner reasonably calculated to give the interested parties 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 pursuant to subrules (1) to (7) of this rule cannot reasonably be made and shall suggest an alternative method of service. Editor's Note: An obvious error in R 324.1204(7) was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2015 MR 5. The memorandum requesting the correction was published in Michigan Register, 2015 MR 6.