General Procedures

PURPOSE: This rule provides for the general practice and procedure of the council and the application of rules promulgated by the council. (1) All rules promulgated apply statewide unless otherwise specifically excepted by a written order of the council. (2) The notice requirements in section 259.140, RSMo, apply to each hearing arising under Chapter 259, RSMo, and implementing regulations heard by the council or any agent appointed by the council. (A) A copy of the notice of the hearing will be mailed by the council to each person who has filed for the purpose of receiving notice. The notice will be mailed not less than ten (10) business days prior to the hearing date. (B) The council also will provide notice to any person whose property interests may be affected by the outcome of the hearing. (3) The council, after a hearing as provided by law, may order an operation to cease or wells to be plugged upon a finding that any provisions of the laws, rules, or conditions of the council or state geologist have been violated or that any fraud, deceit, or misrepresentation was made to obtain the approval of a permit. Appeals of any decision of the council may be made as provided by law. (4) Information submitted pursuant to Chapter 259, RSMo, and implementing regulations shall use Missouri nomenclature. (5) Confidentiality. Information gathered pursuant to Chapter 259, RSMo, and implementing regulations is public record pursuant to the Missouri Sunshine law, Chapter 610, RSMo. Confidentiality may be granted upon request, in accordance with section 640.155.1, RSMo. Cancelled permits are not considered confidential. (A) If a written request for confidentiality is made to the state geologist within one hundred twenty (120) days of the spud date or the date of commencement of recompletion of the well, all information, samples, or cores filed per 10 CSR 50-2.050 will be held in confidential custody for an initial period of one (1) year from the written request. (B) All rights to confidentiality shall be lost if the filings are not timely, as provided in 10 CSR 50-2.050, or if the request for confidentiality is not timely, as provided in subsection (5)(A). (C) Samples, cores, or information may be released before the expiration of the one- (1-) year period only upon written approval of the operator. (D) If a request for an extension is made at least thirty (30) days before the expiration of the initial one- (1-) year period, the period of confidentiality may be extended for one (1) additional year. AUTHORITY: sections 259.070, 259.140, 259.190, and 259.200, RSMo 2016.* Original rule filed Oct. 11, 1966, effective Oct. 21, 1966. Amended: Filed Sept. 12, 1973, effective Sept. 22, 1973. Amended: Filed Sept. 13, 1983, effective Dec. 11, 1983. Amended: Filed Sept. 15, 2015, effective March 30, 2016. Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995, 2012, 2015; 259.140, RSMo 1965; 259.190, RSMo 1965, amended 1983, 2015; and 259.200, RSMo 1965.