Sooner Oil & Gas Corp. v. State

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Sooner Oil & Gas Corp. v. State
1981 OK 118
635 P.2d 599
Case Number: 56057
Decided: 10/06/1981
Supreme Court of Oklahoma

 
SOONER OIL & GAS CORP., AND EXPLORER OIL & GAS CORP., APPELLANTS,
v.
THE STATE OF OKLAHOMA, THE CORPORATION COMMISSION OF THE STATE OF OKLAHOMA AND QUAD OIL CO., APPELLEES.

¶0 Appellants appeal from an order of an Administrative Review Panel created within the Corporation Commission by 17 O.S.Supp. 1980 § 21 A. Appellants had not timely filed a motion for rehearing by the Review Panel and the order on appeal was not appealed to or considered by the Corporation Commission. Appellees filed a motion to dismiss alleging that the order of the Review Panel was not appealable to the Supreme Court.

APPEAL DISMISSED.

Barth P. Walker, James W. George, Conservation Atty., Corp. Commission, Oklahoma City, Jan Eric Cartwright, Atty. Gen., Oklahoma City, for appellees.

James S. Steph, Okmulgee, Charles Sublett, Tulsa, for appellants.

IRWIN, Chief Justice:

[635 P.2d 600]

¶1 The 1980 Legislature created within the State Corporation Commission (Commission) an Administrative Review Panel (Panel). The Panel was authorized to hear such cases and perform such duties as are assigned to it by the Commission or by law.

¶2 The issue presented is the appealability of a Panel order to the Supreme Court when such order has not been appealed to, considered, or adopted by the Commission.

¶3 Appellants rely upon Rule 26(e) of the Commission's Rules implementing the 1980 legislative enactment creating an Administrative Review Panel to sustain their contention that the Panel order is appealable to this court. Rule 26(e) provides:

"Within ten days after an Order of the Panel or Deputy is entered, any party may file a Motion for Rehearing by the Panel. If no such Motion is filed, the Order shall be deemed final and shall be adopted as the Order of the Commission. Upon filing such Motion for Rehearing, the Panel's ruling thereon shall constitute a final Order subject to appeal to the Commission."

¶4 Appellants filed their motion for rehearing by Panel but it was dismissed because it was not filed within ten (10) days after the order was issued. 17 O.S.Supp. 1980 § 22

¶5 Appellants contend that since the Panel dismissed their motion for rehearing because it was not timely filed, the dismissal would necessarily be based upon the fact that under Rule 26(e) the October 20 order became final and was adopted as the order of the Commission. Thus, argues appellants, if a party elects not to file a motion for rehearing by the Panel, an order of the Panel becomes a final order of the Commission and is appealable to the Supreme Court.

¶6 As will be shown, we do not have to consider in the case at bar the general proposition that administrative rules which go beyond legislative authorization must yield to the legislative enactment.

¶7 Rule 26(e) authorizes the filing of a motion for rehearing with the Panel and Rule 26(f)

¶8 Neither our statutes nor the Commission Rules may be construed as authorizing an appeal to the Supreme Court from a Panel order without first appealing to the Commission.

¶9 A motion for rehearing by Panel was not timely filed and appellant did not attempt to appeal the Panel order to the Commission. The Commission has not considered the appeal or adopted the panel order by not hearing the appeal. Since the Panel order is not appealable to this court without first appealing to the Commission, the APPEAL IS DISMISSED.

¶10 BARNES, V.C.J., and HODGES, LAVENDER, SIMMS, HARGRAVE and OPALA, JJ., concur.

Footnotes:

1 17 O.S.Supp. 1980 §§ 21 A and 21 B.

2 17 O.S.Supp. 1980 § 22 A provides:

"Appeal of order or ruling of Panel. (A) Any aggrieved party may appeal to the Corporation Commission from a final order or ruling of the Panel within five (5) days after the final order or ruling of the Panel is adopted. The Commission shall vote on the question of hearing the appeal within ten (10) days after the filing of the petition for appeal. If the Commission does not hear such appeal, the decision of the Panel shall be adopted by the Commission at that time and shall be subject to appeal to the Supreme Court as are other final orders of the Commission in such cases."

3 17 O.S.Supp. 1980 § 23 E provides:

"The right of a party to perfect an appeal from a judgment, order or decree of the Panel to the Commission shall be conditioned on his having filed a motion for rehearing by the Panel. No appeal may be taken until after the ruling of the Panel on the motion for rehearing."

4 52 O.S. 1971 § 113 .

5 W.S. Dickey Mfg. Co. v. Ferguson Investment Co., Okl., 388 P.2d 300 (1963).

6 Commission Rule 26(f) provides:

"Any aggrieved party who has filed a Motion for Rehearing with the Panel may appeal to the Corporation Commission from a final order or ruling of the Panel within five (5) days after the final order or ruling of the Panel is filed. The Commission shall vote on the question of hearing the appeal within ten (10) days after the filing of the petition for appeal. If the Commission does not hear such appeal, the decision of the Panel shall be adopted by the Commission at that time and shall be subject to appeal to the Supreme Court as are other final orders of the Commission in such cases."

7 See footnote No. 3.

8 See footnote No. 2.