Current through Register Vol. 47, No. 17, September 10, 2024
a.
Director's Recommendation.
Upon receipt of the Director's Recommendation on an Oil and Gas Development
Plan, it will be considered by the Commission pursuant to Rule 510, and Rules
508 & 509, as appropriate. The Commission will consider whether to delegate
consideration of an Oil and Gas Development Plan to an Administrative Law Judge
or Hearing Officer, except that the Commission will not delegate:
(1) The Director's Recommendation of denial
to an Administrative Law Judge or Hearing Officer; or
(2) Consideration of an Oil and Gas
Development Plan that the Director Recommends approving, but includes one or
more proposed Oil and Gas Locations that have been denied by a Relevant Local
Government.
b.
Commission's Consideration of Director's Recommendation.
(1)
Approval. The Commission may
approve an Oil and Gas Development Plan that complies with all requirements of
the Commission's Rules, and protects and minimizes adverse impacts to public
health, safety, welfare, the environment, and wildlife resources. The
Commission may add any conditions to the approval of an Oil and Gas Development
Plan that it determines are necessary and reasonable to ensure compliance with
all requirements of the Commission's Rules or to protect and minimize adverse
impacts to public health, safety, welfare, the environment, and wildlife
resources.
(2)
Denial.
If the Commission determines that an Oil and Gas Development Plan does not
provide necessary and reasonable protections for, or minimize adverse impacts
to, public health, safety, welfare, the environment, and wildlife resources, or
fails to meet the requirements of the Commission's Rules, the Commission may
deny the Oil and Gas Development Plan. The Commission will identify in the
record the basis for the denial.
(3)
Stay. If the Commission
determines that additional information or analysis, including an alternative
location analysis or an analysis of additional locations if an alternative
location analysis was already conducted, is necessary for it to make a decision
to approve or deny an Oil and Gas Development Plan, it may stay consideration
of the Oil and Gas Development Plan for further consideration until the
Director or Operator can provide the Commission with the additional information
or analysis necessary to consider the Oil and Gas Development Plan. The
Commission may set or extend reasonable deadlines for the Director or Operator
to provide the additional information or analysis to the Commission.
c.
Final Agency
Action. The Commission's decision to approve or deny an Oil and Gas
Development Plan will constitute final agency action. The Commission's decision
to stay an Oil and Gas Development Plan for further consideration will not
constitute final agency action.
