SECTION 385:20-1-16. Lease cancellation

(a)   Notice. Upon violation of any of the substantial terms of a hard rock mining or other mineral lease, or the rules and regulations of the Commission pertaining thereto, the Commission shall issue a notice of proposed cancellation by Return Receipt Mail to the last known address of the lessee, specifying said rule or rules, terms or conditions which have been violated.

(b)   Hearing. The lessee may, within 15 days from the date of mailing of such notice, request a hearing at which he may show cause, if any he has, why the lease should not be canceled. Upon receipt, by the Secretary of the Commission, of a written request for hearing, the matter shall be set for hearing before an outside Hearing Officer to be selected by the Commissioners, who will set a date, time and place certain for a hearing and the lessee shall be immediately advised thereof by registered mail not less than 15 days prior to such hearing. Prior to the date set for such hearing the lessee may file with the Hearing Officer a written response setting forth the reasons such lease should not be canceled and forfeited. Affidavits, depositions or other written or documentary evidence in support of the matters and things alleged in said response may filed therewith, in which case the lessee need not appear in person or by counsel at the hearing herein provided for and may rest on such written proof. If a hearing is not requested, the Commission may proceed to the cancellation of the lease without further notice to the lessee. The Hearing Officer shall conduct the hearing at the time and place designated, or at the time and place to which said matter is adjourned or continued. At such hearing evidence and oral arguments in support of the alleged violation giving rise to the notice of proposed cancellation and in support of the material allegations of the written response thereto will be heard, such time being allowed therefor as the Hearing Officer shall direct. The Hearing Officer shall make a full report of said hearing to the Commission, orally or in writing, as the Commission may direct. The lessee shall be promptly notified of the decision of the Commission, and the lessee or any other interested party aggrieved by such decision shall be allowed a judicial review to the District Court of the County were the leased premises are situated, in accordance with the provisions of Section 318, Title 75, Oklahoma Statutes; thereupon he procedure and rights involved shall be determined in accordance with the provisions of said Section 318 and the following Sections of said Title §§319, 320, 321 and 322, with the right of appeal to the Supreme Court from the lower court's action as provided by Section 323 of said Title 75. The judicial review referred to is to be had by filing a petition therefor in the District Court within 30 days after the appellant had notice of the order, to be appealed from, as provided in said statute. The review shall be conducted by the Court with a jury, and shall be confined to the record.

[Source: Amended at 15 Ok Reg 1752, eff 5-12-98; Amended at 29 Ok Reg 1303, eff 6-25-12]