SECTION 165:5-9-3. Emergency applications

(a)   Filing. After an application for emergency relief is filed with the Court Clerk, it may be placed on the Commission's Emergency Docket. The requisite number of file-stamped copies of the application shall be submitted to the Commission on or before 2:00 P.M. of the day preceding the hearing. No application for emergency relief shall be accepted for filing by the Court Clerk without a base application being previously filed. No base application shall be dismissed without hearing subsequent to the issuance of an emergency order in the same cause. A motion to dismiss shall be filed. Emergency applications for motor carrier causes shall be set for hearing in accordance with the provisions of the Commission rules and regulations governing motor carriers, OAC 165:20. The Commission will not accept an application for an emergency order approving a commercial facility that requires a permit under OAC 165:10-5-5, OAC 165:10-9-1, OAC 165:10-9-2 or OAC 165:10-9-4.

(b)   Notice. Notice of hearing on an emergency application shall be served on all parties otherwise entitled to notice under the base application not less than five (5) business days prior to the date of the emergency hearing; provided that, if the applicant has received written approval from all parties of record and respondents, the provisions of this Section shall not apply. Notice of hearing on motor carrier emergency applications shall be set on the Commission docket as prescribed by law.

(c)   Exception. In order to protect the public health and safety, the Commission may issue an emergency order without notice and hearing and without the filing of a base application.

[Source: Amended at 10 Ok Reg 2591, eff 6-25-93; Amended at 25 Ok Reg 2179, eff 7-11-08; Amended at 27 Ok Reg 2098, eff 7-11-10; Amended at 29 Ok Reg 938, eff 7-1-12]