SECTION 165:5-7-39. Staff applications for state funds to conduct remedial action

(a)   Scope. This Section establishes the procedure for applications by Commission staff to plug wells and repair or close commercial pits.

(b)   Forms.

(1)   The applicant shall have the option to use the following forms:

(A)   Form SFP2000 (Application).

(B)   Form SFP2001 (Notice of Hearing).

(C)   Form SFP2002 (Emergency Application).

(D)   Form SFP2003 (Emergency Order).

(E)   Form SFP2004 (Final Order).

(2)   Use of said forms shall be deemed compliance with all procedural rules of the Commission.

(c)   Referral of cause to the Oil and Gas Conservation Division. Upon filing of the application, the cause shall be assigned to a geologist or engineer in the Oil and Gas Conservation Division. It shall be the responsibility of the designee to:

(1)   Give proper notice of the application.

(2)   Acquire affidavits and any other exhibits showing the status of the facility operator and the condition of the facility.

(3)   Prepare specifications and estimate of costs for remedial action.

(4)   Report his findings to the Commission.

(d)   Emergency application. In an emergency, the applicant may file an emergency application for funds to conduct necessary remedial action. The Commission shall hear such applications with or without notice. At the time of hearing, the Commission shall receive the exhibits and recommendation required in (c) of this Section. The Commission shall rule on the request as to deems appropriate.

(e)   Hearing on the merits.

(1)   The matter shall be set before the Commission en banc or such Administrative Law Judge as the Commission shall assign.

(2)   At the hearing, the Commission shall:

(A)   Receive any exhibits not previously entered into evidence.

(B)   Inquire of the designee as it deems necessary.

(C)   Rule on the application as it deems appropriate.

(3)   Where the Commission has issued an emergency order in the cause, the applicant may move that the emergency order be made a final order. The Commission may grant such a request if further funds are not needed to accomplish the remedy.