55-605. Enforcement of act; jurisdiction of commission over proceedings and hearings; notice; emergency rule, regulation or order; punishment for contempt; conduct of investigations and hearings by ce - Kansas Statutes

55-605

Chapter 55.--OIL AND GAS Article 6.--CRUDE OIL OR PETROLEUM; PRODUCTION AND SALE

      55-605.   Enforcement of act; jurisdiction of commission overproceedings and hearings; notice; emergency rule, regulation or order;punishment for contempt; conduct of investigations and hearings by certainofficers or employees; findings and recommendations; application of Kansasadministrative procedure act.(a) Any person, or the attorney general on behalf of the state, or thestate corporation commission on its own initiative, may instituteproceedings before the commission upon any question relating to theenforcement of this act, or for the making, revocation, change, renewal orextension, or for the enforcement of, any rule, regulation or orderthereunder, and jurisdiction is hereby conferred upon the commission tohear and determine the same. The commission shall set a reasonable time andplace when such hearing shall be had, and, in the case of proceedingsinitiated by the attorney general or the commission, give reasonable noticethereof, in no case less than 10 days, to all persons interested therein byone publication of such notice, in some newspaper or newspapers havinga general circulation in this state, as designated by the commission, andin some newspaper having a general circulation in the county or countieswhere such lands affected by such proceedings are located, and by thesecond-class mailing of a copy thereof to each such person who shall have filedwith the commission such person's name and address for the purpose ofreceiving notice.In all other cases, reasonablenotice shall be given by the person initiating the proceedings, in no case lessthan 10 days prior to the hearing, by publication of such notice in anewspaper having a general circulation in the state, as designated by thecommission, and in some newspaper having a general circulation in thecounty or counties where such lands affected by such proceedings arelocated, and the commission shall mail by second-class mail, a copy of suchnotice to each person who shall have filed with the commission suchperson's name and address for the purpose of notice. Additional noticeshall be given by the person initiating the proceedings when required inaccordance with rules and regulations adopted by the commission. Thecommission may accept as proof of notice an affidavit sworn to by theperson initiating such proceedings that such notice has been perfected.Any such affidavit shall be filed with the commission on or before thehearing date.Each such notice shall state the time and place of hearing and contain suchother information as will briefly and adequately disclose the matter to beconsidered or the relief sought. In case an emergency is found by thecommission to exist which in its judgment requires the making of a rule,regulation or order or taking an enforcement action, without first having ahearing, such emergency rule, regulation, order or action shall have thesame validity as if a hearing with respect to the same had been held afterdue notice, but shall remain in force no longer than30 days from its effective date. In the exercise and enforcement ofsuch jurisdiction the commission is authorized to summonwitnesses, administeroaths, make ancillary orders, and use such means and final process,including inspection of records and books analogous to proceedings underits control over public service corporations as now provided by law. Inconnection with the exercise and enforcement of its jurisdiction, thecommission shall also have the right and authority to certify as forcontempt to the district court of any county having jurisdiction,violations by any person of any of the provisions of this act or rules,regulations or orders of the commission, and if it is found bythe district court that such person, firm or corporation has knowingly andwillfully violated same, then such person shall be punished as for contemptin the same manner and to the same extent and with like effect as if suchcontempt had been of an order, judgment or decree of the district court towhich the certification is made.Any person desiring notice of any suchproceeding shall file with the commission such person's name and addressaccompanied by a fee established by rule and regulation of the commission.All such fees shall be remitted to the state treasurer who shall credit thesame to the conservation fee fund.

      (b)   The state corporation commission is hereby authorized to designateor appoint its director of petroleum conservation or its assistant directorof petroleum conservation or one of its attorneys as an examiner or refereeto make investigations and conduct hearings that are required of thecommission by this act. Such investigationsand hearings shall be made and conducted in the same manner as by thecommission. Such examiners and referees shall have the power to administeroaths and to subpoena witnesses. The commission may provide for a record tobe made of any hearing or investigation. Such examiners and referees shallsubmit their findings and recommendations in writing to the commission.

      (c)   If the agency action contemplated by proceedings instituted beforethe commission under this section is an order as defined in subsection (d)of K.S.A. 77-502 and amendments thereto, proceedings on suchorder shall be conducted in accordance with the provisions of the Kansasadministrative procedure act. To the extent that the procedures containedin subsections (a) and (b) of this section are not in conflict, suchprocedures shall be supplemental to the procedures contained in theadministrative procedure act.

      History:   L. 1931, ch. 226, § 5; L. 1939, ch. 227, § 4; L. 1957,ch. 317, § 1; L. 1984, ch. 203, § 1;L. 1988, ch. 356, § 169; July 1, 1989.