§ 15-71-111 - Procedural rules, regulations, or orders -- Hearing. - Arkansas Statutes

15-71-111. Procedural rules, regulations, or orders -- Hearing.

(a) (1) The Oil and Gas Commission shall prescribe its rules of order or procedure in hearings or other proceedings before the commission.

(2) The commission's rules of order and procedure shall be adopted in accordance with the law of this state.

(3) The commission shall comply with the laws of this state and the commission's rules that are applicable to the commission's hearings and proceedings.

(b) (1) No rule, regulation, or order, including change, renewal, or extension thereof in the absence of an emergency shall be made by the commission under the provisions of this act except after a public hearing upon at least ten (10) days' notice given in the manner and form as may be prescribed by the commission.

(2) The public hearing shall be held at the time, place, and in the manner prescribed by the commission.

(3) Any person having any interest in the subject matter of the hearing shall be entitled to be heard.

(c) (1) In the event an emergency is found to exist by the commission which in its judgment requires the making, changing, renewal, or extension of a rule, regulation, or order without first having a hearing, the emergency rule, regulation, or order shall have the same validity as if a hearing with respect to that rule, regulation, or order had been held after due notice.

(2) The emergency rule, regulation, or order permitted by this subsection is effective until the date of the next regular commission hearing set to be held after the emergency rule, regulation, or order was issued.

(3) In any event, it shall expire when the rule, regulation, or order made after due notice and hearing with respect to the subject matter of the emergency rule, regulation, or order becomes effective.

(d) Should the commission elect to give notice by personal service, the service may be made by any officer authorized to serve process or by any agent of the commission in the same manner as is provided by law for the service of summons in civil actions in the circuit courts of this state. Proof of the service by the agent shall be by the affidavit of the person making personal service.

(e) All rules, regulations, and orders made by the commission shall be in writing and shall be entered in full by the director in a book to be kept for such purpose by the commission. This book shall be a public record and shall be open to inspection at all times during reasonable office hours. A copy of the rule, regulation, or order, certified by the director, shall be received in evidence in all courts of this state with the same effect as the original.

(f) Any interested person shall have the right to have the commission call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commission by making a request therefor in writing. Upon the receipt of any request, the commission shall promptly call a hearing thereon, and, after the hearing, and with all convenient speed and in any event within thirty (30) days after the conclusion of the hearing, shall take such action with regard to the subject matter thereof as it may deem appropriate.