Regulatory Text: 
Oklahoma Administrative Code.  Title 252.  Department of Environmental Quality 

Chapter 4.  Rules of Practice and Procedures (OAC 252:4)

SUBCHAPTER 9.  ADMINISTRATIVE PROCEEDINGS

PART 3.  INDIVIDUAL PROCEEDINGS
As approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029]

All sections except OKd29 Section 252:4-9-32:
Approved by EPA December 29, 2008 (73 FR 79400) SIP effective February 27, 2009 (OKd06).
New Chapter 4 (OAC 252:4)  adopted in Oklahoma Register June 1, 2001 (18 Ok Reg 1922-1944) effective June 11, 2001.
Submitted to EPA February 14, 2002 (OK-25),
Regulations.gov document EPA–R06–OAR–2006–0389-0005 [OK005.05], Adobe file pages 30 to 52.
Approved by EPA December 29, 2008 (73 FR 79400) effective February 27, 2009 (OKd06).
Regulations.gov docket EPA–R06–OAR–2006–0389 [OK005]
Explanation: No explanation.

Section 252:4-9-32. Individual proceedings filed by others.
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register June 17, 2013 (30 OkReg 1057) effective July 1, 2013, 
Submitted to EPA May 16, 2018,
Regulations.gov document EPA-R06-OAR-2018-0208-0005 [OK029.05], Adobe file page 490.
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029]
Explanation:   No Explanation 

Unless otherwise indicated, all sections are  as approved by EPA December 29, 2008 (73 FR 79400) SIP effective February 27, 2009 (OKd06).

Sections:
252:4-9-31.  Individual proceedings filed by DEQ, OKd06
252:4-9-32.  Individual proceedings filed by others, OKd06 SIP effective February 27, 2009  to May 10, 2020 (OKd06)
252:4-9-32.  Individual proceedings filed by others, OKd29 SIP effective May 11, 2020 (OKd29)
252:4-9-33.  Scheduling and notice of hearings, OKd06
252:4-9-34.  Administrative Law Judges and Clerks, OKd06
252:4-9-35.  Service, OKd06
252:4-9-36.  Responsive pleading, OKd06
252:4-9-37.  Prehearing conferences, OKd06
252:4-9-38.  Discovery, OKd06
252:4-9-39.  Subpoenas, OKd06
252:4-9-40.  Record, OKd06
252:4-9-41.  Motions, OKd06
252:4-9-42.  Continuances, OKd06
252:4-9-43.  Summary judgment, OKd06
252:4-9-44.  Default, OKd06
252:4-9-45.  Withdrawal and dismissal, OKd06
252:4-9-46.  Orders in administrative hearings, OKd06


252:4-9-31.  Individual proceedings filed by DEQ, OKd06
     (a)  Initiation.  Individual proceedings may be initiated by DEQ program areas by filing an administrative compliance or penalty order with the Administrative Law Clerk.
     (b)  Content.  Each order shall name the Respondent(s), contain a brief statement of the facts, refer to the specific provision of the Code, rules, license or permit alleged to be violated, state the relief requested and include notice to the Respondent(s) of the opportunity to request an administrative hearing.
     (c)  Style.  The style of the case shall be in accordance with the format in Appendix D.

252:4-9-32.  Individual proceedings filed by others, OKd06 SIP effective February 27, 2009 to May 10, 2020 (OKd06)
     (a)  Request for administrative hearing in response to Order.  A request for an individual proceeding initiated by the Respondent named in an Order shall be in writing and shall specifically set forth the Respondent's objections to the Order.
     (b)  Administrative hearing on Tier III permits.  An individual proceeding on a proposed permit for a Tier III application may be requested in accordance with 27A O.S. § 2-14-304(C)(1).
     (c)  Style.  The style of the case shall be in accordance with the format in Appendix D.
     (d)  Content.  All requests for individual proceedings must be in writing, contain a brief statement of the basis of the request and the name and address of each requester, and be signed by the requester or an authorized representative.
     (e)  Declaratory ruling.  Any person who alleges that any DEQ rule or order interferes with or impairs, or threatens to interfere with or impair, his/her legal rights may petition the DEQ, formally requesting a declaratory ruling on the applicability of the rule or order.  After the petition is filed, the DEQ shall provide a copy to the Board.
          (1)  Form and content of petition.  All petitions shall be in writing and filed with the Administrative Law Clerk.  The petition shall include the information and follow the format in Appendix B.
          (2)  Determination.  Petitions for declaratory rulings shall be decided by the DEQ.  Rulings shall state the findings of fact and conclusions of law upon which they are based.  If the DEQ refuses to make a ruling or begin an individual proceeding within 30 days, the petition shall be deemed to have been denied.  If the DEQ begins an individual proceeding on the petition, it shall offer an opportunity for a hearing to the petitioner.  After the DEQ issues a ruling or the Executive Director issues a final order, the DEQ shall provide a copy of the ruling or final order to the Board at its next available meeting.
          (3)  Mailing.  The DEQ shall mail a copy of the ruling or final order to the petitioner.
***end 252:4-9-32 SIP effective SIP effective February 27, 2009 to May 10, 2020 (OKd06)***b1a***

252:4-9-32. Individual proceedings filed by others, SIP effective May 11, 2020 (OKd29)..
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register June 17, 2013 (30 OkReg 1057) effective July 1, 2013, 
Submitted to EPA May 16, 2018,
Regulations.gov document EPA-R06-OAR-2018-0208-0005 [OK029.05], Adobe file page 490.
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029]
Explanation:   No Explanation 

252:4-9-32. Individual proceedings filed by others.
     (a) Request for administrative hearing in response to Order.
A request for an individual proceeding initiated by the Respondent
named in an Order shall be in writing and shall specifically
set forth the Respondent's objections to the Order.
     (b) Administrative hearing on Tier III permits. An
individual proceeding on a proposed permit for a Tier III
application may be requested in accordance with 
27A O.S.§2-14-304(C)(1).
     (c) Style. The style of the case shall be in accordance with
the format in Appendix D.
     (d) Content. All requests for individual proceedings must
be in writing, contain a brief statement of the basis of the
request and the name and address of each requester, and be
signed by the requester or an authorized representative.
     (e) Declaratory ruling. Any person who alleges that any
DEQ rule, order or final permit decision interferes with or
impairs, or threatens to interfere with or impair, his/her legal
rights may petition the DEQ, formally requesting a declaratory
ruling on the applicability of the rule, order or final permit
decision. After the petition is filed, the DEQ shall provide a
copy to the Board.
          (1) Time. Any person who requests a declaratory
ruling on the applicability of an order must file the petition
within twenty (20) working days of receipt of the order.
          (2) Form and content of petition. All petitions shall
be in writing and filed with the Administrative Law Clerk.
The petition shall include the information and follow the
format in Appendix B.
          (3) Determination. Petitions for declaratory rulings
shall be decided by the DEQ. Written rulings
shall state the findings of fact and conclusions of law
upon which they are based. If the DEQ refuses to make a
ruling or begin an individual proceeding within 30 days
of receipt, the petition shall be deemed to have been denied.
If the DEQ begins an individual proceeding on the
petition, it shall offer an opportunity for a hearing to the
petitioner. After the DEQ issues a ruling or the Executive
Director issues a final order, the DEQ shall provide a copy
of the ruling or final order to the Board at its next available
meeting.
          (4) Mailing. The DEQ shall mail a copy of the ruling
or final order to the petitioner.
          (5) Prerequisite to judicial review. A ruling, or a
refusal to rule, in response to a petition filed with the DEO
for a declaratory ruling is a prerequisite to seeking judicial
review of a final permit decision pursuant to 75 O.S.§ 307.
***end 252:4-9-32 SIP effective May 11, 2020 (OKd29)***b1a***

252:4-9-33.  Scheduling and notice of hearings, OKd06
     The DEQ shall schedule an administrative hearing after receipt of a proper and timely request. The Administrative Law Clerk shall notify the parties of the date, time and place of the hearing. Notice shall satisfy the requirements of the APA and shall be made at least fifteen (15) days prior 
252:4-9-34.  Administrative Law Judges and Clerksto the hearing unless otherwise provided by law or agreed by the parties.
     (a)  Administrative Law Judge.  The Executive Director may designate an Administrative Law Judge for any administrative hearing in accordance with 27A O.S. § 2-3-103.  Administrative Law Judges shall not have had prior involvement in the matter other than as an Administrative Law Judge, unless the parties waive this requirement.
     (b)  Administrative Law Clerk.  The Executive Director may designate an Administrative Law Clerk to maintain the administrative hearing dockets and records, and perform such other duties as described in this Chapter or incidental thereto.
     (c)  Authority.  Administrative Law Judges have complete authority to conduct individual proceedings and may take any action consistent with the APA and the rules of this subchapter.  Administrative Law Judges may:
          (1)  arrange and issue notice of the date, time and place of hearings and conferences;
          (2)  establish the methods and procedures to be used in the presentation of the evidence;
          (3)  hold conferences to settle, simplify, determine, or strike any of the issues in a hearing, or to consider other matters that may facilitate the expeditious disposition of the hearing;
          (4)  administer oaths and affirmations;
          (5)  regulate the course of the hearing and govern the conduct of participants;
          (6)  examine witnesses;
          (7)  rule on, admit, exclude and limit evidence, at or before hearings;
          (8)  establish the time for filing motions, testimony, and other written evidence, briefs, findings, and other submissions, and hold the record open for such purposes;
          (9)  rule on motions and pending matters;
          (10)  divide the hearing into stages or join claims of parties whenever the number of parties is large or the issues are numerous and complex;
          (11)  restrict attendance by persons not parties to the hearing in appropriate cases;
          (12)  admit attorneys from other jurisdictions to practice law before the DEQ in accordance with Rules of the Oklahoma Bar Association, 5 O.S. Chapter 1, Appendix 1, Article II, § 5, and administer the oath required by 5 O.S. § 2.
          (13)  require briefs on any relevant issues;
          (14)  request proposed findings of fact, conclusions of law and a proposed order from all parties; and
          (15)  restrict testimony to the facts alleged in an assessment order.
     (d)  Technical assistance.  At the request of the Administrative Law Judge, the Executive Director may designate a DEQ representative, who has had no assigned responsibilities related to the matter at issue, to serve as technical adviser to the Administrative Law Judge.

252:4-9-35.  Service, OKd06
     (a)  Generally.  Service shall be made in accordance with the Oklahoma Pleading Code, 12 O.S. § 2001 et seq., and 27A O.S. § 2-3-502 unless otherwise allowed by this section.
     (b)  By the DEQ.  Where the DEQ is serving notice, personal service may be made by a person designated by the Executive Director for that purpose.
     (c)  By certified mail.  Service by certified mail shall be effective on the date of receipt or, if refused, on the date of refusal by the Respondent.

252:4-9-36.  Responsive pleading, OKd06
     A Respondent may file, and the Administrative Law Judge may direct a Respondent to file, a responsive pleading to the initiated action.

252:4-9-37.  Prehearing conferences, OKd06
     (a)  General.  The Administrative Law Judge may schedule and conduct prehearing conferences as necessary.  The Administrative Law Clerk shall notify the parties of the scheduling of a prehearing conference.  The Administrative Law Judge may hold a prehearing conference by telephone.  On request, prehearing conferences shall be on the record.
     (b)  Subjects.  Prehearing conferences may address:
          (1)  identification and simplification of issues, including the elimination of frivolous claims or defenses;
          (2)  amendments to the pleadings;
          (3)  the plan and schedule of discovery and limitations to be placed thereon;
          (4)  identification of admissions of fact to avoid unnecessary proof and cumulative evidence;
          (5)  the identification of witnesses and substance of testimony, exhibits, and documents;
          (6)  the use of prehearing briefs and prefiled testimony in the form of sworn affidavits;
          (7)  settlement of all or some of the issues before the hearing;
          (8)  adoption of special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, novel or difficult legal questions, or evidence problems;
          (9)  scheduling; and
          (10)  such other matters as may aid disposition.
     (c)  Schedules and orders.  A prehearing conference may result in a scheduling or other prehearing order.  Subsequent changes to any prehearing or scheduling order may be made by the Administrative Law Judge by modifying the order upon good cause shown.

252:4-9-38.  Discovery, OKd06
     Discovery shall be conducted in accordance with the Oklahoma Discovery Code (12 O.S. § 3224 et seq.) unless otherwise ordered by the Administrative Law Judge for good cause.

252:4-9-39.  Subpoenas, OKd06
     (a)  Issuance.  Subpoenas for the attendance of witnesses, the furnishing of information required by the Administrative Law Judge and the production of evidence shall be issued in accordance with the APA and the Oklahoma Pleading Code.
     (b)  Failure to obey.  The Executive Director may seek an appropriate judicial order to compel compliance by persons who fail to obey a subpoena, who refuse to be sworn or make an affirmation at a hearing, or who refuse to answer a proper question during a hearing.  The hearing may proceed despite any such refusal but the Administrative Law Judge may, in his/her discretion at any time, continue the proceedings as necessary to secure a court ruling.

252:4-9-40.  Record, OKd06
     (a)  To be made.  A record of the hearing shall be made, which shall be a tape recording unless otherwise agreed by the parties and the Administrative Law Judge.  The recording will not be transcribed as a matter of course.  A transcript may be obtained by submitting a written request to the Administrative Law Clerk and tendering payment in an amount sufficient to pay the cost of having the recording transcribed.
     (b)  Court reporter.  A party may request a court reporter.  The requesting party shall pay the costs, and the original transcript shall be filed in the case file as part of the record in the case. Each person or party requesting copies shall make arrangements with the reporter and pay the costs.
     (c)  Maintained.  The record of a proceeding and the file containing the notices and the pleadings will be maintained by the Administrative Law Clerk.  All pleadings, motions, orders and other papers submitted for filing in a proceeding shall be date/file stamped by the Administrative Law Clerk upon receipt.  The burden of showing substantial prejudice by any failure to correctly file-stamp any submittal shall be upon the asserting party.
     (d)  Contents.  The administrative record of all individual proceedings shall contain documents required by the APA, 75 O.S. § 309.  An individual proceeding on a proposed permit for a Tier III application shall also include the following:
          (1)  the permit application on file with the DEQ, as amended;
          (2)  all written comments received during the public comment period;
          (3)  the tape or transcript of the public meeting;
          (4)  documents resulting from the DEQ's review of the permit application and public comments;
          (5)  the draft permit, fact sheet and response to comments, if any, issued by the DEQ; and
          (6)  all published notices.

252:4-9-41.  Motions, OKd06
     (a)  Filing.  All requests for action in a matter already before the DEQ shall be made in a motion, signed by the party or his/her attorney, and filed with the Administrative Law Clerk.
     (b)  Service.  Copies of motions shall be served on other parties in accordance with 252:4-9-35.
     (c)  Response.  Within fifteen (15) days after service of any written motion, any party to the proceedings may file a response to the motion.  The time for response may be extended or shortened by the Administrative Law Judge for good cause shown.

252:4-9-42.  Continuances, OKd06
     A motion for an extension or continuance shall state the reasons for the request and specify the length of time requested.  Unless made before the Administrative Law Judge in open hearing, motions for extensions of time or for a continuance of the hearing to another date or time shall be in writing and filed with the Administrative Law Clerk.  The Administrative Law Judge shall promptly grant or deny such request at his/her discretion.  If the motion is denied, it may be renewed orally by the party at the hearing.

252:4-9-43.  Summary judgment, OKd06
     The Administrative Law Judge may grant a motion for summary judgment, subject to 252:4-9-46.

252:4-9-44.  Default, OKd06
     (a)  Generally.  Any Respondent who fails to appear, after receipt of notice, may be determined to have waived the right to appear and present a defense.  A Final Order may be issued by the Executive Director granting the relief requested by default.
     (b)  Tier III application.  The Executive Director may enter a default judgment against any party who fails to participate in an administrative hearing on a proposed permit for a Tier III application.

252:4-9-45.  Withdrawal and dismissal, OKd06
     Parties may withdraw from a case and cases may be dismissed by the Administrative Law Judge in accordance with the Oklahoma Code of Civil Procedure.

252:4-9-46.  Orders in administrative hearings, OKd06
     Proposed and final orders in administrative hearings shall be prepared and issued in accordance with the APA.

*** end OAC 252:4 Chapter 4 Subchapter 9 Part 3 SIP effective May 11, 2020 (OKd29) ***b1a***