reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-253 - Application for rehearing; hearing; effect; decision

40-253.
Application for rehearing;  hearing;  effect;  decision
A. After any final order or decision is made by the commission,  any party to the action or proceeding or the attorney general on behalf of the state may apply for a rehearing of any matter determined in the action or proceeding and specified in the application for rehearing within twenty days of entry of the order or decision. Unless otherwise ordered,  the filing of such an application does not stay the decision or order of the commission. If the commission does not grant the application within twenty days,  it is deemed denied. If the commission grants the application,  the commission shall promptly hear the matter and determine it within twenty days after final submission.
B. No claim arising from any order or decision of the commission shall accrue in any court to any party or the state unless the party or the state makes,  before the effective date of the order or decision,  application to the commission for a rehearing.
C. The application shall set forth specifically the grounds on which it is based,  and no person,  nor the state,  shall in any court urge or rely on any ground not set forth in the application.
D. An application for rehearing shall not excuse any person from complying with and obeying any order or decision,  or any requirements of any order or decision of the commission theretofore made,  or operate in any manner to stay or postpone the enforcement thereof,  except in such cases and upon such terms as the commission by order directs.
E. If,  after a rehearing and a consideration of all the facts,  including those arising since the making of the order or decision,  the commission finds that the original order or decision or any part thereof is in any respect unjust or unwarranted,  or should be changed,  the commission may abrogate,  change,  or modify the order or decision,  and such order or decision has the same force and effect as an original order or decision,  but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision,  unless so ordered by the commission.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-254 - Action to set aside or modify certain orders of commission; filing; limitation; superior court

40-254.
Action to set aside or modify certain orders of commission;  filing;  limitation;  superior court
A. Except as provided in section 40-254.01,  any party in interest,  or the attorney general on behalf of the state,  being dissatisfied with an order or decision of the commission,  may within thirty days after a rehearing is denied or granted,  and not afterwards,  commence an action in the superior court in the county in which the commission has its office,  against the commission as defendant,  to vacate,  set aside,  affirm in part,  reverse in part or remand with instructions to the commission such order or decision on the ground that the valuation,  rate,  joint rate,  toll,  fare,  charge or finding,  rule,  classification or schedule,  practice,  demand,  requirement,  act or service provided in the order or decision is unlawful,  or that any rule,  practice,  act or service provided in the order is unreasonable. The answer of the commission shall be served and filed within twenty days after service of the complaint,  whereupon the action shall be at issue and ready for trial upon ten days' notice to either party. The action shall be tried and determined as other civil actions except as provided in this section.
B. If the commission rescinds the order complained of,  the action shall be dismissed,  and if the commission alters,  modifies or amends the order,  the altered,  modified or amended order shall replace the original order complained of,  and judgment shall be given thereon as though made by the commission in the first instance.
C. The trial shall conform,  as nearly as possible,  and except as otherwise prescribed by this section,  to other trials in civil actions. Judgment shall be given affirming,  modifying or setting aside the original or amended order.
D. Either party to the action,  or the attorney general on behalf of the state,  within thirty days after the judgment of the superior court is given,  may appeal to the supreme court.
E. In all trials,  actions and proceedings the burden of proof shall be upon the party adverse to the commission or seeking to vacate or set aside any determination or order of the commission to show by clear and satisfactory evidence that it is unreasonable or unlawful.
F. Except as provided by this section no court of this state shall have jurisdiction to enjoin,  restrain,  suspend,  delay or review any order or decision of the commission,  or to enjoin,  restrain or interfere with the commission in the performance of its official duties,  and the rules,  orders or decrees fixed by the commission shall remain in force pending the decision of the courts,  but a writ of mandamus shall lie from the supreme court to the commission in cases authorized by law.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-254.01 - Action to set aside or modify certain commission orders; limitation; court of appeals

40-254.01.
Action to set aside or modify certain commission orders;  limitation;  court of appeals
A. The attorney general on behalf of the state or any party to a proceeding before the commission who is dissatisfied with any order of the commission involving public service corporations and relating to rate making or rate design pursuant to sections 40-243,  40-246,  40-250 and 40-251 may file within thirty days after a rehearing is denied or granted,  and not afterwards,  a notice of appeal in the court of appeals to vacate,  set aside,  affirm in part,  reverse in part or remand with instructions to the commission the order if the court of appeals determines upon a clear and satisfactory showing that the order is unlawful or unreasonable.
B. If the commission rescinds the order complained of,  the action shall be dismissed,  and if the commission alters,  modifies or amends the order,  the altered,  modified or amended order shall replace the original order complained of,  and judgment shall be given thereon as though made by the commission in the first instance.
C. The appellate procedure shall be pursuant to rules adopted by the supreme court. The rules shall conform,  as nearly as possible,  to the manner in which other appeals are undertaken,  including indicating the content of the record on review,  the briefs to be filed and the time and manner for filing the briefs,  record and other documents.
D. Any party to the action,  or the attorney general on behalf of the state,  may appeal to the supreme court as provided by law.
E. In all appeals that are taken pursuant to this section,  the party adverse to the commission or seeking to vacate or set aside an order of the commission must make a clear and satisfactory showing that the order is unlawful or unreasonable.
F. Except as provided by this section,  no court of this state has jurisdiction to enjoin,  restrain,  suspend,  delay or review any order or decision of the commission involving public service corporations and relating to rate making or rate design pursuant to sections 40-243,  40-246,  40-250 and 40-251,  or to enjoin,  restrain or interfere with the commission in the performance of its official duties,  and the rules,  orders or decrees fixed by the commission remain in force pending the decision of the courts,  but a writ of mandamus shall lie from the supreme court to the commission in cases authorized by law.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-255 - Precedence of actions

40-255.
Precedence of actions
All actions and proceedings to which the commission or the state is a party,  or in which the attorney general has been allowed to intervene,  and in which any question arises under this title,  or under or concerning any order or decision of the commission,  shall be preferred and shall be heard and determined in preference to other civil matters except election actions.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-281 - Certificate required before construction by public service corporation; exceptions; complaint by corporation injuriously affected by construction hearing; exclusive franchise or monopoly

40-281.
Certificate required before construction by public service corporation;  exceptions;  complaint by corporation injuriously affected by construction hearing;  exclusive franchise or monopoly
A. A public service corporation,  other than a railroad,  shall not begin construction of a street railroad,  a line,  plant,  service or system,  or any extension thereof,  without first having obtained from the commission a certificate of public convenience and necessity.
B. This section shall not require such corporation to secure a certificate for an extension within a city,  county or town within which it has lawfully commenced operations,  or for an extension into territory either within or without a city,  county or town,  contiguous to its street railroad or line,  plant or system,  and not served by a public service corporation of like character,  or for an extension within or to territory already served by it,  necessary in the ordinary course of its business. If a public service corporation,  in constructing or extending its line,  plant or system,  interferes or is about to interfere with the operation of the line,  plant or system of any other public service corporation already constructed,  the commission,  on complaint of the corporation claiming to be injuriously affected,  may,  after hearing,  make an order and prescribe terms and conditions for the location of lines,  plants or systems affected as it deems just and reasonable.
C. No such corporation shall exercise any right or privilege under any franchise or permit without first having obtained from the commission a certificate of public convenience and necessity.
D. This article shall not be construed as granting or as having granted to any telecommunications corporation an exclusive franchise or monopoly within the territory described by its certificate unless the commission determines after notice and hearing that such an exclusive franchise or monopoly is in the public interest.
E. When the commission determines after notice and hearing that any product or service of a telecommunications corporation is neither essential nor integral to the public service rendered by such corporation,  it shall declare that such product or service is not subject to regulation by the commission.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-282 - Application for certificate; hearing; application upon contemplated franchise

40-282.
Application for certificate;  hearing;  application upon contemplated franchise
A. If the applicant for a certificate of convenience and necessity is a corporation,  a certified copy of its articles of incorporation shall be filed in the office of the commission before any certificate of convenience and necessity may issue.
B. Every applicant for a certificate shall submit to the commission evidence required by the commission to show that the applicant has received the required consent,  franchise or permit of the proper county,  city and county,  municipal or other public authority.
C. The commission may,  after a hearing,  issue the certificate or refuse to issue it,  or issue it for the construction of only a portion of the contemplated street railroad,  line,  plant or system,  or extension thereof,  or for the partial exercise only of the right or privilege,  and may attach to the exercise of rights granted by the certificate terms and conditions it deems that the public convenience and necessity require. The commission may act after an application or after a hearing,  if requested by any party,  on an application for a certificate to provide any of the following telecommunications services:
1. Pay telephone service to end users if the applicant has not received a certificate to provide local exchange telecommunications service within the area where the pay telephone is or will be located.
2. Automated or live operator services accessed from a location where telephones are available to the public or transient users of the premises and where the applicant has not been certificated as either:
(a) A local exchange carrier for the location by January 1,  1996.
(b) A facilities based interexchange carrier by January 1,  1996.
3. Telecommunications services resold to the public for profit if the applicant obtains the services from another entity.
D. If a public service corporation desires to exercise a right or privilege under a franchise or permit which it contemplates securing,  but which has not yet been granted to it,  the corporation may apply to the commission for an order preliminary to the issue of the certificate. The commission may make an order declaring that it will thereafter,  upon application,  under rules it prescribes,  issue the desired certificate,  upon terms and conditions it designates,  after the corporation has obtained the contemplated franchise or permit or may make an order issuing a certificate on the condition that the contemplated franchise or permit is obtained and on other terms and conditions it designates. If the commission makes an order preliminary to the issuance of the certificate,  upon presentation to the commission of evidence that the franchise or permit has been secured by the corporation,  the commission shall issue the certificate.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-283 - Transmission lines; use of public streets for utility right-of-way; notice; election

40-283.
Transmission lines;  use of public streets for utility right-of-way;  notice;  election
A. Any person engaged in transportation or transmission business within the state may construct and operate lines connecting any points within the state and connect at the state boundary with like lines,  except that within the confines of municipal corporations the use and occupancy of streets shall be under rights acquired by franchises according to law or licenses pursuant to title 9,  chapter 5,  articles 1.1 and 4,  and subject to control and regulation by the municipal authorities. The use of highways,  except state highways,  by public utilities not within any incorporated city or town shall be regulated by the board of supervisors of the county by license or franchise.
B. A board of supervisors in granting a license or franchise,  or at any time after it is granted,  may impose restrictions and limitations upon the use of the public roads as it deems best for the public safety or welfare.
C. Every franchise granted under this article shall include provisions requiring the grantee to bear all expenses,  including damage and compensation for any alteration of the direction,  surface,  grade or alignment of a county road,  made for the purpose of such franchise. If the surface of a county highway is used by any grantee for trackage,  the franchise shall include reasonable regulations for maintenance by the grantee of that portion of the highway so used.
D. A board of supervisors may authorize public service corporations,  telecommunications corporations,  cable operators or video service providers to construct a line,  plant,  service or system within the right-of-way of any road,  highway or easement that is designated for access or public use by plat or survey of record of a subdivision,  or of unsubdivided land as defined in section 32-2101,  provided that any such authorization or construction pursuant to such authorization does not impose on the county the duty of maintaining the road or highway unless the county accepts the road or highway into the county maintenance system by appropriate resolution. This subsection does not grant county boards of supervisors additional authority to require public service corporations,  telecommunications corporations,  cable operators or video service providers to obtain licenses or franchises.
E. A board of supervisors,  before granting any of the privileges authorized under this section,  shall give public notice of its intention to grant such privileges by publishing notice in a newspaper of general circulation,  published within the county,  at least once a week for three weeks before the day set for consideration of such action. If,  on or before such date,  more than fifty percent of the qualified electors of the county petition the board of supervisors to deny the privilege,  it shall do so,  and any privilege granted against the petition is void.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-284 - Restrictions upon conduct of public service business by foreign corporations

40-284.
Restrictions upon conduct of public service business by foreign corporations
A. A foreign corporation,  unless authorized to transact a public service business within this state,  shall not transact within the state any public service business,  nor transact within the state any public service business of a character different from that which it is authorized to transact.
B. A license,  permit or franchise to own,  control,  operate or manage any public service business shall not be granted or transferred,  directly or indirectly,  to any foreign corporation not lawfully transacting within this state a public service business of like character,  but foreign corporations engaging in commerce with foreign nations or commerce among the several states of the United States may transact within this state such commerce and intrastate commerce of a like character.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-285 - Disposition of plant by public service corporations; acquisition of capital stock of public service corporation by other public service corporations; exemption

40-285.
Disposition of plant by public service corporations;  acquisition of capital stock of public service corporation by other public service corporations;  exemption
A. A public service corporation shall not sell,  lease,  assign,  mortgage or otherwise dispose of or encumber the whole or any part of its railroad,  line,  plant or system necessary or useful in the performance of its duties to the public,  or any franchise or permit or any right thereunder,  nor shall such corporation merge such system or any part thereof with any other public service corporation without first having secured from the commission an order authorizing it so to do. Every such disposition,  encumbrance or merger made other than in accordance with the order of the commission authorizing it is void.
B. The approval or permit of the commission under this section shall not revive or validate any lapsed or invalid franchise or permit,  or enlarge or add to the powers or privileges contained in the grant of any franchise or permit,  or waive any forfeiture.
C. This section does not prevent the sale,  lease or other disposition by any such corporation of property that is not necessary or useful in the performance of its duties to the public,  and any sale of its property by such corporation shall be conclusively presumed to have been of property that is not useful or necessary in the performance of its duties to the public as to any purchaser of the property in good faith for value.
D. A public service corporation shall not purchase,  acquire,  take or hold any part of the capital stock of any other public service corporation organized or existing under the laws of this state without a permit from the commission.
E. Every assignment,  transfer,  contract or agreement for assignment or transfer of any stock in violation of the provisions of this section is void,  and the transfer shall not be made on the books of any public service corporation.
F. This section does not apply to a telecommunications corporation whose retail telecommunications services are all classified as competitive by the commission,  except as may otherwise be determined by a commission order after the effective date of this amendment to this section.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-286 - Exemption from antitrust statutes

40-286.
Exemption from antitrust statutes
Title 44,  chapter 10,  article 1,  does not apply to any conduct or activity of a public service corporation holding a certificate of public convenience and necessity granted pursuant to this article,  which conduct or activity is approved by a statute of this state or of the United States or by the corporation commission or an administrative agency of this state or of the United States having jurisdiction of the subject matter. This section does not apply to the provision of any competitive telecommunications services. This section does not alter,  modify or affect applicable federal or state law regarding the rights of an owner of private property relative to provision of or access to telecommunication services on or for that private property.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-301 - Issuance of stocks and bonds; authorized purposes

40-301.
Issuance of stocks and bonds;  authorized purposes
A. The power of public service corporations to issue stocks and stock certificates,  bonds,  notes and other evidences of indebtedness,  and to create liens on their property located within this state is a special privilege,  the right of supervision,  restriction and control of which is vested in the state,  and such power shall be exercised as provided by law and under rules,  regulations and orders of the commission.
B. A public service corporation may issue stocks and stock certificates,  bonds,  notes and other evidences of indebtedness payable at periods of more than twelve months after the date thereof,  only when authorized by an order of the commission.
C. The commission shall not make any order or supplemental order granting any application as provided by this article unless it finds that such issue is for lawful purposes which are within the corporate powers of the applicant,  are compatible with the public interest,  with sound financial practices,  and with the proper performance by the applicant of service as a public service corporation and will not impair its ability to perform that service.
D. The provisions of this article shall not apply to foreign public service corporations providing communications service within this state whose physical facilities are also used in providing communications service in interstate commerce.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-321 - Power of commission to determine adequacy of service rendered by public service corporation; enforcement by order or regulation; duty of compliance by corporation; surety; utility surety fund

40-321.
Power of commission to determine adequacy of service rendered by public service corporation;  enforcement by order or regulation;  duty of compliance by corporation;  surety;  utility surety fund
A. When the commission finds that the equipment,  appliances,  facilities or service of any public service corporation,  or the methods of manufacture,  distribution,  transmission,  storage or supply employed by it,  are unjust,  unreasonable,  unsafe,  improper,  inadequate or insufficient,  the commission shall determine what is just,  reasonable,  safe,  proper,  adequate or sufficient,  and shall enforce its determination by order or regulation.
B. The commission shall prescribe regulations for the performance of any service or the furnishing of any commodity,  and upon proper demand and tender of rates,  the public service corporation shall furnish the commodity or render the service within the time and upon the conditions prescribed.
C. If,  after notice and an opportunity to be heard,  the commission finds that a public service corporation is in default of the terms and conditions of an order of the commission that requires a performance bond,  irrevocable letter of credit or other surety,  and the commission exercises its rights under the bond,  letter or other surety,  the commission shall deposit all monies received as a result of exercising the rights in the utility surety fund established by subsection D of this section.
D. The utility surety fund is established consisting of monies received by the commission pursuant to subsection C of this section. Monies in the utility surety fund shall be administered by the commission for the benefit of the customers of the public service corporation who have incurred a loss of services or commodities or for deposit support pursuant to this section. Monies in the fund are continuously appropriated to the commission and do not revert to the state general fund pursuant to section 35-190.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-322 - Regulation of public service corporations; standards of service; measurement standards; inspections by commission

40-322.
Regulation of public service corporations;  standards of service;  measurement standards;  inspections by commission
A. The commission may:
1. Ascertain and set just and reasonable standards,  classifications,  regulations,  practices,  measurements or service to be furnished and followed by public service corporations other than a railroad.
2. Ascertain and fix adequate and serviceable standards for the measurement of quantity,  quality,  pressure,  initial voltage or other condition pertaining to the supply of the product,  commodity or service furnished by such public service corporation.
3. Prescribe reasonable regulations for the examination and testing of the product,  commodity or service and for the measurement thereof.
4. Establish reasonable rules,  regulations,  specifications and standards to secure the accuracy of all meters and appliances for measurements.
5. Provide for the examination and testing of any and all appliances used for measurement of any product,  commodity or service of any such corporation.
B. The commission,  its officers and employees may enter upon any premises occupied by a public service corporation,  for the purpose of making the examinations and tests and exercising any of the other powers provided for in this article,  and may set up and use on the premises any apparatus and appliances necessary therefor. The agents and employees of the public service corporation may be present at the making of the examinations and tests.
C. Any consumer or user of any product,  commodity or service of a public service corporation may have any appliance used in the measurement thereof tested upon paying the fees fixed by the commission,  the fee to be paid by the consumer or user at the time of his request,  but to be paid by the corporation and repaid to the consumer or user if the appliance is found defective or operates to the disadvantage of the consumer or user.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-323 - Commission rules and regulations to regulate time for furnishing services by railroad and telephone and telegraph companies; uniformity of demurrage charges

40-323.
Commission rules and regulations to regulate time for furnishing services by railroad and telephone and telegraph companies;  uniformity of demurrage charges
A. The commission may provide by rules and regulations:
1. The time within which all railroad corporations shall furnish,  after demand therefor,  cars,  equipment and facilities necessary for handling freight in carload and less than carload lots.
2. The time within which consignors or persons ordering cars shall load them.
3. The time within which consignees to whom freight is consigned shall unload and discharge it and receive freight from freight rooms.
4. Provide penalties for failure to conform to such rules.
B. Charges for demurrage shall be uniform so that the same penalty is paid by both shipper,  consignee and railroad for an equal number of cars for each day for which demurrage is charged.
C. The commission may provide the time within which express packages shall be received,  gathered,  transported and delivered at destination,  and the limits within which express packages shall be gathered and distributed,  and telegraph and telephone messages delivered,  without extra charge.
D. The commission may provide the time within which baggage shall be received,  transported,  delivered and stored.
E. The commission may enforce reasonable regulations for weighing cars and freight offered for shipment over any line of railroad,  and test the weights made by a railroad and scales used in weighing freight or cars.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-324 - Power of commission to order changes in service to insure adequate service by railroad

40-324.
Power of commission to order changes in service to insure adequate service by railroad
When the commission finds that any railroad or street railroad does not run a sufficient number of trains or cars,  or possess or operate sufficient motive power reasonably necessary to accommodate the traffic transported by or offered for transportation to it,  or does not run its trains or cars with sufficient frequency or at reasonable or proper times having regard to safety,  or does not stop the equipment at proper places,  or does not run any train or cars upon a reasonable time schedule for the run,  the commission may make any order reasonably necessary to accommodate and transport the traffic,  passengers or freight,  transported or offered for transportation.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-325 - Power of commission to order physical connection between railroad companies

40-325.
Power of commission to order physical connection between railroad companies
When the commission finds that the public convenience and necessity will be served by having connections made between the tracks of any two or more railroad corporations so that cars may readily be transferred from one to the other,  the commission may order two or more such corporations owning or operating tracks of the same gauge to make physical connections at any and all crossings,  and at all points where a railroad shall begin to terminate or run near to any other railroad. After the necessary franchise or permit has been secured from the city,  county,  or town,  the commission may likewise order such physical connection,  within such city,  county,  or town,  between two or more railroads which enter the limits thereof. The commission shall by order direct whether the expense thereof shall be borne jointly or otherwise.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-326 - Duty of railroad company to make connection with track of private shipper; conditions

40-326.
Duty of railroad company to make connection with track of private shipper;  conditions
A. Every railroad corporation,  upon application of a shipper or receiver or contemplated shipper or receiver of freight for a connection between the railroad of such corporation and an existing or contemplated private track or railroad of such person,  shall make such connection and provide switches and tracks necessary,  and deliver and receive cars thereover upon condition that the connection is reasonably practicable and can be installed and used without materially increasing the hazard of the operation of the railroad with which the connection is sought,  and that the business which may reasonably be expected to be received by the railroad corporation over the connection is sufficient to justify the expense of the connection to the railroad corporation.
B. Under the conditions set forth in subsection A,  every railroad corporation,  upon application of a shipper or receiver or contemplated shipper or receiver of freight,  shall construct upon its right of way a spur to receive and deliver freight.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-327 - Order by commission for connection or spur; right to connect to private track; order to company to switch cars of another corporation

40-327.
Order by commission for connection or spur;  right to connect to private track;  order to company to switch cars of another corporation
A. When the commission finds that application has been made by any person to a railroad corporation for a connection or spur which the corporation has refused,  and that the applicant is entitled thereto,  the commission shall make an order therefor and for the maintenance and use of such connection or spur upon terms the commission prescribes.
B. When so provided,  any person may connect with the private track thereby connected with the railroad and may use the private track or spur upon payment to the party incurring the primary expense of the private track or spur a reasonable proportion of the cost thereof,  to be determined by the commission after notice and hearing,  if such connection and use can be made without unreasonable interference with the rights of the party incurring the primary expense.
C. The commission may require one railroad corporation to switch to private spurs and industrial tracks upon its own railroad the cars of a connecting railroad corporation and to prescribe the terms and compensation for the service.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-328 - Duty of telephone and telegraph companies to handle messages of connecting companies

40-328.
Duty of telephone and telegraph companies to handle messages of connecting companies
Every telephone corporation and telegraph corporation operating in this state shall receive,  transmit and deliver,  without delay or discrimination,  the conversations and messages of every other telephone or telegraph corporation with which a physical connection is made.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-329 - Power of commission to order connections and joint rates between telephone or telegraph companies

40-329.
Power of commission to order connections and joint rates between telephone or telegraph companies
A. Whenever the commission finds that a physical connection can reasonably be made between the lines of two or more telephone or telegraph corporations to form a continuous line of communication,  and that public convenience and necessity will be served thereby,  or that two or more telegraph or telephone corporations have failed to establish joint rates,  tolls or charges for service by or over their lines,  and that a connection ought to be established,  the commission may require that a connection and joint charges be made,  except where the purpose of the connection is primarily to secure transmission of local messages or conversations between points within the same city,  or town. The commission may also require that conversations be transmitted and messages transferred over such connections under rules and regulations the commission establishes.
B. If the telephone or telegraph corporations do not agree upon division of the cost of the physical connection,  or the divisions of the joint charges established,  the commission shall after further hearing establish the division by supplemental order.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-331 - Power of commission to order additions, improvements or changes in plant of public service corporations; additions or changes made jointly

40-331.
Power of commission to order additions,  improvements or changes in plant of public service corporations;  additions or changes made jointly
A. When the commission finds that additions or improvements to or changes in the existing plant or physical properties of a public service corporation ought reasonably to be made,  or that a new structure or structures should be erected,  to promote the security or convenience of its employees or the public,  the commission shall make and serve an order directing that such changes be made or such structure be erected in the manner and within the time specified in the order. If the commission orders erection of a new structure,  it may also fix the site thereof.
B. If any such changes require joint action by two or more public service corporations,  the commission shall notify the corporations thereof and that the changes shall be made at their joint cost,  whereupon the corporations shall have such reasonable time as the commission grants within which to agree upon the division of cost. If at the expiration of the time the corporations fail to file with the commission a statement that an agreement is made for a division or apportionment of the cost or expense of the change,  the commission may make an order fixing the proportion of the cost or expense to be borne by each corporation,  and the manner of payment.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-332 - Power of commission to order joint use of facilities belonging to public service corporation

40-332.
Power of commission to order joint use of facilities belonging to public service corporation
A. When the commission finds that public convenience and necessity require the use by one public service corporation of the equipment,  or any part of the equipment,  on,  over or under any street or highway belonging to another public service corporation,  that the use will not result in irreparable injury to the other users thereof or in any substantial detriment to the service and that the public service corporations have failed to agree upon the use or the terms and conditions of the use,  the commission may by order direct that such use be permitted and may prescribe reasonable compensation and terms for the joint use. If the use is directed,  the corporation to which the use is permitted shall be liable to the owner or other users of the equipment for damage which results therefrom to the property of the owner or other users thereof.
B. Every public service corporation shall allow every electricity supplier and self-generator of electricity access to electric transmission service and electric distribution service under rates and terms and conditions of service that are just and reasonable as determined and approved by regulatory agencies that have jurisdiction over electric transmission service and electric distribution service. Nothing in this subsection limits the access of a public power entity as defined in section 30-801 to the transmission services of public service corporations in accordance with the federal power act,  16 United States Code section 792.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-334 - Discrimination between persons, localities or classes of service as to rates, charges, service or facilities prohibited

40-334.
Discrimination between persons,  localities or classes of service as to rates,  charges,  service or facilities prohibited
A. A public service corporation shall not,  as to rates,  charges,  service,  facilities or in any other respect,  make or grant any preference or advantage to any person or subject any person to any prejudice or disadvantage.
B. No public service corporation shall establish or maintain any unreasonable difference as to rates,  charges,  service,  facilities or in any other respect,  either between localities or between classes of service.
C. The commission may determine any question of fact arising under this section.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-336 - Power of commission to require safety devices

40-336.
Power of commission to require safety devices
The commission may by order,  rule or regulation,  require every public service corporation to maintain and operate its line,  plant,  system,  equipment,  and premises in a manner which will promote and safeguard the health and safety of its employees,  passengers,  customers and the public,  and may prescribe the installation,  use,  maintenance and operation of appropriate safety or other devices or appliances,  including interlocking and other protective devices at grade crossings or junctions and block or other systems of signalling,  establish uniform or other standards of equipment,  and require the performance of any other act which health or safety requires.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-337 - Power of commission over railway crossings

40-337.
Power of commission over railway crossings
A. No public highway or street shall be constructed across the track of any railroad at grade,  nor shall the track of any railroad corporation be constructed across the track of any other railroad at grade,  without the permission of the commission,  but this provision shall not apply to the replacement of lawfully existing tracks. The commission may refuse permission or grant it upon such terms and conditions as it prescribes.
B. The commission shall have the exclusive power:
1. To determine and prescribe the manner,  including the particular point of crossing,  and the terms of installation,  operation,  maintenance,  use and protection of each of the crossings.
2. To alter or abolish crossings.
3. To prescribe the terms upon which and the proportions in which the expense of the alteration or abolition of the crossing shall be divided between the parties affected or in interest.
C. When the commission finds that public convenience and necessity demands establishment,  creation or construction of a crossing of a street or highway over,  under or upon the tracks or lines of any public service corporation,  the commission may by order require the establishment,  construction or creation of the crossing,  and the crossing shall thereupon become a public crossing. The commission shall have the exclusive power to prescribe the character of crossings to be constructed and maintained by railroads where their lines cross public roads or streets of a town or city.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-337.01 - Installation of automatic warning devices; agreements for sharing cost; apportionment of cost

40-337.01.
Installation of automatic warning devices;  agreements for sharing cost;  apportionment of cost
A. The commission may determine,  after a public hearing,  whether any particular crossing of a railroad and a public highway or street is sufficiently hazardous as to require the installation of automatic warning signals or devices at such crossing,  provided,  that a public hearing shall not be required if the parties in interest have entered into an agreement for the construction of such crossing and for the apportionment between them of the cost of acquiring and installing such automatic warning signals or devices and provided further such agreement assesses the cost at not to exceed the amounts prescribed in subsection B.
B. If the commission finds that any crossing requires the installation of automatic warning signals or devices,  it shall order such installation,  and if the parties in interest are unable to agree upon the apportionment of the cost of acquisition and installation,  then the cost shall be borne as follows:
1. The railroad,  fifty per cent.
2. Where a city street is involved: the city,  fifty per cent.
3. Where a county highway is involved: the county,  fifty per cent.
4. When a state highway is involved: the state highway fund,  fifty per cent.
5. City,  county or state highway funds may be used to finance the cost of installation of automatic warning signals or devices in amounts greater than those set forth in this subsection,  provided that federal funds are available for and are actually reimbursed to the city,  county or state highway to cover the cost of the installation.
C. When a railroad has installed automatic signals or warning devices pursuant to order of the commission,  it shall secure reimbursement for that portion of the cost thereof which,  in accordance with the agreement of the parties in interest or the provisions hereof,  is to be borne by others,  by filing verified claims with the appropriate fiscal officers,  and such claims shall be approved and paid without reference to or limitation by the provisions of any other law. For the purpose of determining the amount of reimbursement to which the railroad is entitled,  the commission shall retain jurisdiction of the matter and upon completion of the installation of the automatic signals and warning devices,  shall make a determination as to the cost of installing same,  including but not limited to,  the cost of acquisition and expense of installation.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-337.02 - Allocation of funds for automatic warning signals at railway crossings

40-337.02.
Allocation of funds for automatic warning signals at railway crossings
A. In each annual budget request prepared by the corporation commission,  ten per cent,  but not more than two hundred thousand dollars,  of the total amount approved for the same year by the federal highway administration for railroad - highway projects within this state under the provisions of the federal highway acts of 1973 and 1976,  and subsequent acts,  shall be set aside from the general or any other fund for the installation of automatic warning signals or devices or the upgrading of existing warning signals or devices at public railroad grade crossings. Such appropriation shall be used exclusively for the ten per cent required under the federal highway acts of 1973 and 1976,  and subsequent acts,  for railroad - highway projects approved for federal funding in any year under such acts.
B. Funds appropriated pursuant to this section shall be available for allocation and expenditure without regard to fiscal years.
C. Funds appropriated pursuant to this section shall be in addition to any funds appropriated for the purposes of section 40-337.01.
D. The corporation commission shall in its request for such funds,  provide a full report of accomplishments for the previous year and an accounting of all funds not utilized from previous appropriations.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-337.03 - Determination of location of automatic warning signals

40-337.03.
Determination of location of automatic warning signals
On or before February 15 of each year,  the commission shall submit to the railroad involved and the city,  county and department of transportation in which jurisdiction a public railroad grade crossing is located,  an array of such crossings where the installation of automatic warning signals or devices should be considered during the year,  or within a reasonable time thereafter depending upon the availability of monies,  materials,  labor and other factors involved in such installation.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-338 - Accidents on property of public service corporations; investigation; report

40-338.
Accidents on property of public service corporations;  investigation;  report
A. The commission shall investigate the cause of all accidents upon the property of any public service corporation,  or directly or indirectly arising from or connected with its maintenance or operation,  resulting in loss of life or injury to persons or property,  and may make such order or recommendation with respect thereto as is just and reasonable.
B. Every public service corporation shall file with the commission a report of each accident so occurring,  but the report,  order and recommendation,  shall not be admitted as evidence in any action for damages arising out of the accident.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-339 - Refusal of common carrier to receive or carry passenger; classification

40-339.
Refusal of common carrier to receive or carry passenger;  classification
A person,  or any agent or officer of a corporation,  doing business as a common carrier of passengers,  who knowingly refuses,  without just cause or excuse,  to receive and entertain a guest,  or to receive and carry a passenger,  is guilty of a class 2 misdemeanor.