SECTION 165:5-23-3. Form and service of a Notice of Intent to Mediate; reply by Respondent

(a)   Prior to or after the filing of a Formal Complaint under 52 O.S. §§ 24.4 and 24.5, a Complainant seeking redress under this Subchapter may commence the informal dispute resolution procedure by filing a Notice of Intent to Mediate. The Notice of Intent to Mediate shall be made in the form prescribed by the Commission and shall contain the following information:

(1)   The Complainant's name;

(2)   The Complainant's company name;

(3)   The Complainant's address;

(4)   The Complainant's company phone number, e-mail address, and facsimile number;

(5)   The date and time of the complaint including the name and address, and the telephone number and fax number, if known, of the Respondent with whom the Complainant has a dispute;

(6)   A description of the dispute;

(7)   The time period of the problem described in the dispute;

(8)   The current status of the negotiations between the parties;

(9)   Description of the actions taken by the Complainant to resolve the problem;

(10)   The relief sought by the Complainant;

(11)   The legal description, county name and name of the well(s) involved in the dispute; and

(12)   The names of representatives of the Respondent with whom the Complainant has talked regarding the dispute.

(b)   No filing fee shall be charged by the Judicial and Legislative Services to the Complainant for filing the Notice of Intent to Mediate, however, it shall charge a $5.00 fee to each Participant to an informal dispute resolution procedure.

(c)   If the Notice of Intent to Mediate is filed after the filing of a Formal Complaint, the Notice of Intent to Mediate shall contain a statement of the Complainant's desire to commence the informal dispute resolution procedure, the information contained in OAC 165:5-23-3 (a)(8) and (a)(9), and shall reference the claims pled and relief sought in the Formal Complaint.

(d)   Attached to the Notice of Intent to Mediate may be any documentary evidence the Complainant wishes to submit.

(e)   The Complainant shall send by registered mail, facsimile, or deliver a copy of the Notice of Intent to Mediate and all attached documents to the Respondent at the same time that the Notice of Intent to Mediate and any attached documents are filed with the Commission.

(f)   Within ten (10) days of receiving the Notice of Intent to Mediate, the Respondent shall file in writing either a notice that it does not agree to participate in the informal dispute resolution procedure or a reply that it agrees to participate in the informal dispute resolution procedure, in which event Respondent shall respond to the Notice of Intent to Mediate and Respondent may attach to its reply any documentary evidence which it wishes to submit. The Respondent shall file its notice or reply and any attached documentary evidence with the Commission's Court Clerk and shall send by registered mail, facsimile, or deliver a copy of the notice or reply, and all attached documents, to the Complainant at the same time the notice or reply is filed with the Court Clerk.

(g)   Either the Complainant or the Respondent may withdraw its agreement to participate in the informal dispute resolution procedure at any time.

[Source: Added at 17 Ok Reg 596, eff 12-16-99 (emergency); Added at 17 Ok Reg 1853, eff 7-1-00; Amended at 35 Ok Reg 946, eff 10-1-18]