Kan. Admin. Regs. § 82-3-135 - Notice of hearings
(a) Scope. The
notice requirements in this regulation apply to each hearing arising under any
rule or regulation or statutory provision for the conservation of crude oil and
natural gas or for the protection of fresh and usable water, heard by the
commission or any agent appointed by the commission.
(b) Hearings initiated by the attorney
general or the commission.
(1) Notice of the
hearing shall be published by the commission in the Wichita Eagle newspaper and
in the Kansas Register. Notice of the hearing shall also be published in the
official county newspaper of each county in which the lands affected by the
hearing are located. If that county does not have an official county newspaper,
notice may be published in any newspaper satisfying the requirements of
K.S.A.
64-101 in a county in which the lands
affected by the hearing are located.
(2) A copy of the notice of the hearing shall
be mailed by the commission to each person who has filed for the purpose of
receiving notice. The notice shall be mailed not less than 10 days prior to the
hearing date.
(3) Any additional
notice required by any rule, regulation or statute which applies to the hearing
or which is necessary to provide due process to any person whose property may
be affected by the hearing shall be provided by the commission.
(c) Hearings initiated by any
person other than the attorney general or commission.
(1) Anyone who initiates a hearing shall
publish notice of the hearing in the Wichita Eagle newspaper and in the
official county newspaper of each county in which the lands affected by the
hearing are located. Anyone who initiates a hearing may publish notice in any
newspaper satisfying the requirements of
K.S.A.
64-101 in a county in which the lands
affected by the hearing are located, if that county does not have an official
newspaper.
(2) A copy of the
notice of the hearing shall be mailed by the commission to each person who has
filed for the purpose of receiving notice. The copy of the notice shall be
mailed not less than 10 days prior to the hearing date.
(3) Anyone who initiates a hearing shall
provide any additional notice required by any rule, regulation or statute which
applies to the hearing or is necessary to provide due process to any person
whose property may be affected by the hearing.
(d) Proof of notice. If the commission is
required to publish notice, it shall be proven by commission staff that notice
has been properly published. Acceptable proof of notice may include an
affidavit sworn by the commission staff that notice has been perfected. Anyone
who initiates the hearing shall provide that notice has been properly
published. An affidavit sworn by the person who initiates the hearing
certifying that notice has been perfected may be accepted as proof of notice.
The affidavit shall be filed with the commission on or before the hearing date.
(e) Filing for the purpose of
receiving notice. Anyone who desires to receive notice of any hearings shall
file annually with the conservation division that person's name, address and
other information as may be reasonably required by the commission. The filing
shall be on a form required by the commission and shall be accompanied by an
annual $50 fee.
Notes
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