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2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.41 - Definitions

40-360.41.
Definitions
In this article,  unless the context otherwise requires:
1. " Authorized person"  means:
(a) An employee of a public utility that produces,  transmits or delivers electricity.
(b) An employee of a public utility that provides and whose work relates to communication services or state,  county or municipal agencies that have authorized circuit construction on or near the poles or structures of a public utility.
(c) An employee of an industrial plant whose work relates to the electrical system of the industrial plant.
(d) An employee of a cable television operator,  video service provider or communication services company or an employee of a contractor of a cable television operator,  video service provider or communication services company if specifically authorized by the owner of the poles to make attachments for cable television or communication services or video services.
(e) An employee or agent of state,  county or municipal agencies that have or whose work relates to overhead electrical lines or circuit construction or conductors on poles or structures of any type.
2. " High voltage"  means voltage in excess of six hundred volts measured between conductors or between a conductor and the ground.
3. " Overhead line"  means all bare or insulated electrical conductors installed aboveground.
4. " Person"  or " business entity"  means those parties that contract to perform any function or activity on any land,  building,  highway or other premises.
5. " Public utility"  includes public service corporations,  municipally owned systems and districts subject to article XIII,  section 7,  Constitution of Arizona.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.42 - Activity near overhead line; safety restrictions

40-360.42.
Activity near overhead line;  safety restrictions
Unless danger against contact with high voltage overhead lines has been effectively guarded against as provided by section 40-360.43:
1. A person or business entity shall not,  individually or through an agent or employee,  require any other person to perform any function or activity upon any land,  building,  highway or other premises if at any time during the performance of any function or activity it is possible that the person performing the function or activity could move or be placed closer to any high voltage overhead line or if it is possible that any part of any tool or material used by the person could be brought closer to any high voltage overhead line during the performance of any function or activity than the following clearances:
(a) For lines rated fifty kv or less,  six feet of clearance.
(b) For lines rated over fifty kv,  six feet plus four-tenths of an inch for each kv over fifty kv.
2. A person or business entity shall not individually,  through an agent or employee or as an agent or employee,  operate any mechanical equipment or hoisting equipment or any load of such equipment,  any part of which is capable of vertical,  lateral or swinging motion closer to any high voltage overhead line than the following clearances:
(a) For lines rated fifty kv or less,  ten feet of clearance.
(b) For lines rated over fifty kv,  ten feet plus four-tenths of an inch for each kv over fifty kv.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.43 - Activity in close proximity to lines; clearance arrangements; procedure; payment; notice

40-360.43.
Activity in close proximity to lines;  clearance arrangements;  procedure;  payment;  notice
A. If any person or business entity desires to temporarily carry on any function,  activity,  work or operation in closer proximity to any high voltage overhead line than permitted by this article,  the person or business entity responsible for performing the work shall promptly notify the public utility operating the high voltage overhead line. The person or business entity may perform the work only after satisfactorily mutual arrangements,  including coordination of work and construction schedules,  have been made between the public utility operating the lines and the person or business entity responsible for performing the work. Arrangements may include placement of temporary mechanical barriers to separate and prevent contact between material,  equipment or persons and the high voltage overhead lines or temporary deenergization and grounding or temporary relocation or raising of the high voltage overhead lines.
B. The person or business entity responsible for performing the work in the vicinity of the high voltage overhead lines shall pay any actual expenses of the public utility operating high voltage overhead lines in providing arrangements for clearances,  except in instances where the public utility operating high voltage overhead lines has installed lines within ten feet of an existing fixture or structure after the fixture or structure has been in place at the permanent location. The public utility is not required to provide the arrangements for clearances until an agreement for payment has been made.
C. The public utility shall commence construction for temporary clearances within five working days of an agreement for payment,  if required,  or from the date of the request of the person responsible for the work. Once initiated,  the clearance work will continue without interruption to completion.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.44 - Violation; civil penalty

40-360.44.
Violation;  civil penalty
A. A person or business entity or agent of the person or business entity who violates this article may be subject to a civil penalty in an amount not to exceed five thousand dollars to be imposed by the court in favor of the state to be deposited in the general fund.
B. If a violation of this article results in physical or electrical contact with any high voltage overhead line,  the person or business entity violating this article is liable to the public utility operating the high voltage overhead line for all damages to the facilities and all costs and expenses,  including damages to third persons,  incurred by the public utility as a result of the contact.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.51 - Definitions

40-360.51.
Definitions
In this article,  unless the context otherwise requires:
1. " Facilities"  means corridors used by a utility to provide service to customers including poles,  towers,  transformers and lines for the transmission of electric energy at nominal voltages of one hundred fifteen thousand volts or more,  natural gas pipelines of twenty-four or more inches in diameter and substations,  regulator stations,  measurement stations and compressor stations.
2. " Facility plan"  means a plan for the future location of facilities developed by a utility.
3. " Municipality"  means a city or town chartered or incorporated under the laws of this state.
4. " Planning area"  means outside the extraterritorial jurisdiction limits of a municipality described in section 9-461.11,  subsection G.
5. " Utility"  means any retail provider of electric or natural gas services.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.52 - Planning

40-360.52.
Planning
An electric or natural gas utility may engage in advance planning with any municipality or county with respect to each facility that the utility anticipates installing in the municipality or county. If a utility engages in advance planning with a municipality or county,  the municipality or county shall cooperate and work with the utility.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.53 - Utility facilities included in municipal and county plans

40-360.53.
Utility facilities included in municipal and county plans
A. If a utility develops and delivers a facility plan to a municipality or a county,  the municipality or county,  with respect to the facilities located in its corporate limits or planning area,  shall include the location and nature of the planned facilities in the municipality general plan under section 9-461.05 or the county comprehensive plan under section 11-804.
B. The utility shall update each facility plan provided to a municipality or a county at least every two years.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.54 - Effect on existing rights

40-360.54.
Effect on existing rights
This article does not:
1. Modify the right of a utility or a municipality or county with respect to the determination of the location and nature of utility facilities.
2. Obligate a utility to engage in facilities planning with any municipality or county.
3. Obligate a utility to construct facilities in the locations indicated in the facilities plan.
4. Modify the responsibilities of the commission or the power plant and transmission line siting committee with respect to siting utility facilities.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-361 - Charges by public service corporations required to be just and reasonable; service and facilities required to be adequate, efficient and reasonable; rules and regulations relating to charges or service required to be just and reasonable

40-361.
Charges by public service corporations required to be just and reasonable;  service and facilities required to be adequate,  efficient and reasonable;  rules and regulations relating to charges or service required to be just and reasonable
A. Charges demanded or received by a public service corporation for any commodity or service shall be just and reasonable. Every unjust or unreasonable charge demanded or received is prohibited and unlawful.
B. Every public service corporation shall furnish and maintain such service,  equipment and facilities as will promote the safety,  health,  comfort and convenience of its patrons,  employees and the public,  and as will be in all respects adequate,  efficient and reasonable.
C. All rules and regulations made by a public service corporation affecting or pertaining to its charges or service to the public shall be just and reasonable.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-362 - Power of commission to investigate interstate rates

40-362.
Power of commission to investigate interstate rates
A. The commission may investigate all existing or proposed interstate rates,  fares,  tolls,  charges and classifications,  and all rules and practices in relation thereto,  for or in relation to the transmission of messages or conversations,  where any act in relation thereto takes place within this state.
B. When the proposed or existing rates are excessive or discriminatory,  or in violation of the acts of Congress,  or in conflict with the orders or regulations of the interstate commerce commission,  the commission may apply to the interstate commerce commission or to any court of competent jurisdiction for relief.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-365 - Filing of rate schedules by public service corporations

40-365.
Filing of rate schedules by public service corporations
Under rules and regulations the commission prescribes,  every public service corporation shall file with the commission,  and shall print and keep open to public inspection,  schedules showing all rates,  tolls,  rentals,  charges and classifications to be collected or enforced,  together with all rules,  regulations,  contracts,  privileges and facilities which in any manner affect or relate to rates,  tolls,  rentals,  classifications or service. The commission may,  from time to time,  approve or fix rates,  tolls,  rentals or charges in excess of or less than those shown by the schedules. The commission may,  from time to time,  determine and prescribe by order such changes in the form of the schedules as it finds expedient,  and modify the requirements of any of its orders,  rules,  or regulations.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-366 - Names of parties to joint schedule required on schedule; filing required by only one party with concurrence of other parties

40-366.
Names of parties to joint schedule required on schedule;  filing required by only one party with concurrence of other parties
A. The names of the several public service corporations which are parties to any joint tariff,  rate,  fare,  toll,  contract,  classification or charge shall be specified in each schedule showing such items.
B. Unless otherwise ordered by the commission,  a schedule showing a joint tariff,  rate,  fare,  toll,  contract,  classification or charge need be filed with the commission by only one of the parties to it,  provided that there is also filed with the commission,  in the form the commission requires,  a concurrence in the joint tariff,  rate,  toll,  fare,  contract,  classification or charge by each of the other parties thereto.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-367 - Changes of rates; notice; filing; exception

40-367.
Changes of rates;  notice;  filing;  exception
A. No change shall be made by any public service corporation in any rate,  fare,  toll,  rental,  charge or classification,  or in any rule,  regulation or contract relating to or affecting any rate,  toll,  fare,  rental,  charge,  classification or service,  or in any privilege or facility,  except after thirty days notice to the commission and to the public as provided in this chapter.
B. Notice shall be given by filing with the commission and keeping open for public inspection new schedules stating plainly the change to be made in the schedules then in force,  and the time when the change will go into effect.
C. The commission,  for good cause shown,  may allow changes without requiring the thirty days notice provided for in this section by an order specifying the changes so to be made and the time when they shall take effect,  and the manner in which they shall be filed and published.
D. When any change is proposed attention shall be directed to the change on the schedule filed with the commission by some mark,  designated by the commission,  immediately preceding or following the item.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-368 - Sliding scale of charges

40-368.
Sliding scale of charges
A. Any person engaged in the production,  generation,  transmission or furnishing of heat,  cold air,  light,  sewer service,  water or power,  or telegraph or telephone service,  may establish a sliding scale of charges and may enter into an arrangement for a fixed period for the automatic adjustment of charges for heat,  cold air,  light,  sewer service,  water,  or power,  or telegraph or telephone service,  in relation to the profit to be realized by such person. A schedule showing the scale of charges under such arrangement shall first be filed with the commission and the schedule and each rate set out therein approved by it.
B. The commission may revoke its approval at any time and fix other rates and charges for the product or commodity or service,  as authorized in this chapter.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-369 - Limitations on relative charges by telephone and telegraph companies for long and short distance messages

40-369.
Limitations on relative charges by telephone and telegraph companies for long and short distance messages
A. A telephone or telegraph corporation shall not charge or receive any greater compensation in the aggregate for transmission of a long distance message or conversation for a shorter than for a longer distance over the same line or route in the same direction within this state,  the shorter being included within the longer distance,  or charge any greater compensation for a through service than the aggregate of the intermediate rates or tolls subject to the provisions of this chapter. The provisions of this section shall not be construed as authorizing any such corporation to charge and receive as great a compensation for a shorter as for a longer distance service.
B. Upon application to the commission,  a telephone or telegraph corporation may,  in special cases after investigation,  be authorized by the commission to charge less for a longer than for a shorter distance service for the transmission of messages or conversations,  and the commission may from time to time prescribe the extent to which the corporation may be relieved from the operation and requirements of this section.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-370 - Water utility surcharges to recover operating costs; notice; definition

40-370.
Water utility surcharges to recover operating costs;  notice;  definition
A. Subject to the limitations provided in subsection D,  the commission shall authorize water utilities to recover increases in specific operating costs by means of a surcharge on water sales and to reduce rates when those specific operating costs decrease. The operating costs that may be considered in this procedure are limited to specific,  readily identifiable costs that are subject to the control of another person,  including the cost of purchasing electricity or gas,  the cost of purchasing water from another utility,  municipality or district and the payment of ad valorem taxes or any similar tax or assessment levied on the water utility. The surcharge shall not exceed ten per cent of current rates.
B. The water utility shall file written notice of a surcharge or rate decrease pursuant to this section with the commission,  clearly advising the commission of:
1. The specific operating cost being considered for the rate decrease or recovery by the surcharge.
2. The amount of the operating cost being considered for the rate decrease or recovery by the surcharge.
3. The timing and method of cost recovery or rate reduction.
C. The water utility shall also deliver to each customer with the customer's next bill for service a notice of the proposed surcharge or rate reduction. This notice to customers shall include the following information:
1. The information prescribed by subsection B.
2. The customer's right to comment on the proposed surcharge or rate reduction.
3. The address and telephone number of the commission.
D. A surcharge imposed by this section is effective thirty days after the date on which the water utility files the written notice with the commission,  unless within that time the commission in its discretion adjusts or denies the surcharge or determines that further investigation of the surcharge is required. The commission shall notify the water utility in writing of a decision to adjust or deny the surcharge or to further investigate the appropriateness of the surcharge. If the commission determines that further investigation of the surcharge is required,  the commission may conduct a hearing regarding the appropriateness of the surcharge. If the commission does not issue a decision within one hundred twenty days after the date the water utility files the written notice,  the surcharge is effective without further action.
E. For purposes of this section,  " water utility"  means a public service corporation that is subject to the commission's jurisdiction and that engages in supplying water utility service in this state.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-371 - Limitation of passenger fares to three cents per mile; exceptions; violation; classification

40-371.
Limitation of passenger fares to three cents per mile;  exceptions;  violation;  classification
A. A company or corporation operating a railroad,  other than a street or electric railroad,  in whole or in part within this state,  shall not ask,  demand or receive for first class transportation for each passenger between points within this state,  on the portion of its railroad operated within this state,  more than three cents per mile,  until otherwise provided by law. The corporation commission may exempt any railroad from the operation of this section upon satisfactory proof that the railroad cannot earn a just and reasonable compensation for the services rendered by it to the public if not permitted to charge more than three cents per mile for the transportation of passengers within this state.
B. If any railroad operating within this state makes application to the commission to be exempt from the operation of this section,  and the application is accompanied by an affidavit showing facts that the railroad cannot earn a just and reasonable compensation for services rendered by it to the public if not permitted to charge more than three cents per mile for the transportation of passengers within this state,  then the operation of this section shall be suspended pending the hearing upon the application and until final judgment is given by the commission upon the application.
C. Any company or corporation operating a railroad,  as provided in subsection A,  which violates any of the provisions of this section is guilty of a petty offense. Each violation shall constitute a separate offense.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-372 - Street railways; fares; transfers

40-372.
Street railways;  fares;  transfers
A. A street or interurban railroad shall not charge or receive more than five cents for one continuous ride in the same general direction within the corporate limits of any city or town,  except upon a showing before the commission that a greater charge is justified.
B. Every street or interurban railroad shall upon such terms the commission finds just and reasonable furnish to its passengers transfers entitling them to one continuous trip in the same general direction over and upon the portions of its lines not reached by the originating car.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-373 - Permitting or obtaining transportation at less than schedule rates prohibited

40-373.
Permitting or obtaining transportation at less than schedule rates prohibited
A. A common carrier shall not,  by means of known false billing,  classification,  weight,  weighing or report of weight,  or by any other device or means,  assist,  suffer or permit any person to obtain transportation for any person or property between points within this state at less than the rates and fares then established and in force as shown by the schedules filed and in effect at the time.
B. No person shall by means of false billing,  false or incorrect classification,  false weight or weighing,  false representation as to contents or substance of a package,  or false report or statement of weight,  or by any other device or means,  whether with or without the consent or connivance of a common carrier,  seek to obtain or obtain transportation for such person or property at less than the rates then established and in force therefor.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-374 - Prohibition of rebates and agreements

40-374.
Prohibition of rebates and agreements
Except as otherwise provided in this chapter,  no public service corporation shall charge,  demand,  collect or receive a greater,  less,  or different compensation for transportation of persons or property,  or for any product or commodity,  or for any service rendered in connection therewith,  than the rates,  fares,  tolls,  rentals and charges applicable to such transportation or product,  commodity or service specified in its schedule on file and in effect at the time,  nor shall any public service corporation refund or remit,  directly or indirectly,  in any manner or by any device,  any part of the rates,  fares,  tolls,  rentals and charges so specified,  nor extend to any person any form of contract,  agreement,  or any rule or regulation,  or any facility or privilege,  except such as are regularly and uniformly extended to all persons and except upon order of the commission.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-375 - Fraudulent means or attempts to obtain rebate or damage prohibited

40-375.
Fraudulent means or attempts to obtain rebate or damage prohibited
No person shall knowingly,  directly or indirectly,  by any false statement or representation as to cost or value,  or the nature or extent of damage,  or by the use of any false billing,  bill of lading,  receipt,  voucher,  roll,  account,  claim,  certificate,  affidavit or deposition,  or upon any false,  fictitious or fraudulent statement or entry,  obtain or attempt to obtain any allowance,  rebate or payment for damage in connection with or growing out of the transportation of persons or property,  or an agreement to transport persons or property,  whether with or without the consent or connivance of a common carrier,  nor shall any common carrier knowingly pay or offer to pay any such allowance,  rebate or claim for damage.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-376 - Payment responsibility; private water companies; sewer corporations

40-376.
Payment responsibility;  private water companies;  sewer corporations
For residential property of four or fewer units,  a private water company or sewer corporation may not require payment of unpaid water and wastewater service rates and charges or sewer utility service rates and charges by anyone other than the person who has contracted with the private water company or sewer corporation to provide the service,  who physically resides or resided at the property and who receives or received the service. A property owner,  an immediate family member of the person who does not reside at the property or any other entity,  at its sole discretion,  may contract for water and wastewater service with a private water company or for sewer utility service with a sewer corporation and shall provide payment.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-402 - Findings of fact defined

40-402.
Findings of fact defined
Findings of fact of the commission within the meaning of this article shall be:
1. Determinations of fact expressed in statements rendered pursuant to this article.
2. Determinations of fact set out in the minutes of the commission recording the action of the commission in passing upon such statements and upon objections thereto.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-403 - Objection to statement of assessment; hearing; notice of findings; compliance by company

40-403.
Objection to statement of assessment;  hearing;  notice of findings;  compliance by company
A. Within fifteen days after the date of mailing a statement as provided in this article,  the corporation against which the statement is rendered may file with the commission its objections thereto. Not less than five nor more than ten days after giving notice thereof to the objector,  the commission shall hold a hearing on the objections.
B. If after the hearing the commission finds any part of the charge against the objecting corporation excessive,  erroneous,  unlawful or invalid,  it shall record its findings upon its minutes and transmit to the objector,  by registered mail,  an amended statement in accordance with the findings,  which shall have the same force and effect as an original statement. If the commission finds the entire statement unlawful or invalid,  it shall notify the objector,  by registered mail,  of such determination,  and the original statement shall be null and void. If the commission finds that the statement as rendered is neither excessive,  erroneous,  unlawful nor invalid,  in whole or in part,  it shall record such findings upon its minutes,  and transmit notice thereof to the objector by registered mail.
C. If a statement against which objections are filed is not paid within ten days after mailing to the objector notice of a finding that the objections have been disallowed,  or in case an amended statement is not paid within ten days after a copy thereof is mailed to the objector,  the commission shall give notice of the delinquency to the department of public safety and to the objector,  and the department of public safety shall proceed to make collection as provided in section 40-407.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-404 - Making of objection to assessment as condition of action to recover assessment paid

40-404.
Making of objection to assessment as condition of action to recover assessment paid
No action for recovery of an amount paid under the terms of this article shall be maintained in any court unless objections have been filed with the commission as provided in section 40-403. In an action for recovery of any payments,  plaintiff may raise any relevant issue of law,  but the commission's findings of fact shall be prima facie evidence of the facts therein stated.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-405 - Action to enjoin collection of assessment prohibited; action to recover assessment paid; limitation

40-405.
Action to enjoin collection of assessment prohibited;  action to recover assessment paid;  limitation
No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement rendered in accordance with the provisions of this article. A corporation against which a statement is rendered shall pay the amount thereof,  and after the payment may in the manner provided by this article at any time within two years from the date of the payment,  bring against the state an action at law to recover the amount paid,  with legal interest thereon from the date of payment,  upon the ground that the assessment was excessive,  erroneous,  unlawful or invalid in whole or in part.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-406 - Exclusive procedure to determine legality of assessments and to recover assessments paid

40-406.
Exclusive procedure to determine legality of assessments and to recover assessments paid
A. The procedure provided in this article for determining the lawfulness of statements and the recovery of payments made pursuant to statements of assessments shall be exclusive of all other remedies and procedures.
B. The provisions of sections 40-253,  40-254,  40-254.01 and 40-255 for judicial review of orders and determinations of the corporation commission shall not be applicable to any findings,  determinations,  statements or assessments made under this article.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-407 - Enforcement of payment; seizure and sale of property

40-407.
Enforcement of payment;  seizure and sale of property
A. If any corporation to which a statement for the amount assessed against it as provided in this article has been rendered fails or refuses to pay the amount within fifteen days,  or fails to file with the commission objections to the statement as provided by section 40-403,  the commission shall transmit to the department of public safety a certified copy of the statement of the assessment together with notice of the neglect or refusal of the corporation to pay the amount thereof,  and at the same time shall mail to the corporation a copy of the notice transmitted to the department of public safety.
B. Within ten days after receipt of the notice and certified copy of the statement,  the department of public safety shall proceed to collect the amount stated to be due,  with legal interest,  by seizure and sale of any goods or chattels,  including stocks,  securities,  bank accounts,  evidences of debt and accounts receivable belonging to the corporation anywhere within the state. The seizure and sale shall be made by the department of public safety,  and the proceedings thereunder governed,  as nearly as possible,  by sections 42-19108 through 42-19113.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-408 - Disposition of assessment proceeds; utility regulation revolving fund; exemption from lapsing

40-408.
Disposition of assessment proceeds;  utility regulation revolving fund;  exemption from lapsing
A. The utility regulation revolving fund is established.
B. All monies received by the commission under the provisions of section 40-401 shall be deposited,  pursuant to sections 35-146 and 35-147,  in the utility regulation revolving fund.
C. Subject to legislative appropriation,  the commission shall use the monies in the utility regulation revolving fund for attorneys and other legal staff employed pursuant to section 40-106,  and all expenses of the utilities division,  including compensation of auditors,  economists and other staff,  including staff with expertise in the area of corporate accounting,  finance and management efficiency of all types of public service corporations,  and a part of the expenses for the hearing and administration divisions,  including expenses associated with the commissioners.
D. Monies in the utility regulation revolving fund do not revert to the state general fund pursuant to section 35-190.
E. Monies not appropriated or expended from the utility regulation revolving fund at the end of the fiscal year shall be used to calculate the annual assessment prescribed in section 40-401.
F. The utilities division shall not use any monies from the utility regulation revolving fund unless such monies are appropriated by the legislature.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-409 - Disposition of residential utility consumer assessment proceeds; residential utility consumer office revolving fund; exemption from lapsing

40-409.
Disposition of residential utility consumer assessment proceeds;  residential utility consumer office revolving fund;  exemption from lapsing
A. The residential utility consumer office revolving fund is established.
B. All monies received by the commission under the provisions of section 40-401.01 shall be deposited,  pursuant to sections 35-146 and 35-147,  in the residential utility consumer office revolving fund.
C. Monies in the residential utility consumer office revolving fund shall be used,  subject to legislative appropriation,  to operate the residential utility consumer office pursuant to article 11 of this chapter.
D. Monies in the residential utility consumer office revolving fund do not revert to the state general fund pursuant to section 35-190.
E. Monies not appropriated or expended from the residential utility consumer office revolving fund at the end of the fiscal year shall be used to calculate the annual residential utility consumer assessment prescribed in section 40-401.01.
F. The residential utility consumer office shall not use any monies from the residential utility consumer office revolving fund unless such monies are appropriated by the legislature.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-421 - Enforcement of laws relating to public service corporations

40-421.
Enforcement of laws relating to public service corporations
A. The commission shall require that the laws affecting public service corporations,  the enforcement of which is not specifically vested in some other officer or tribunal,  are enforced and obeyed,  and that violations thereof are promptly prosecuted and penalties due the state therefor recovered and collected,  and for such purposes may bring actions in the name of the state.
B. Upon request of the commission,  the attorney general,  or the county attorney of the proper county,  shall aid in any investigation,  hearing or trial conducted under the provisions of this chapter and shall institute and prosecute actions or proceedings for enforcement of the provisions of the constitution and statutes of this state affecting public service corporations and for punishment of all violations thereof.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-422 - Action by commission to enjoin violations or threatened violations; venue; time for answer; joinder of parties

40-422.
Action by commission to enjoin violations or threatened violations;  venue;  time for answer;  joinder of parties
A. When the commission is of the opinion that a public service corporation is failing or about to fail to do anything required of it by law or an order or requirement of the commission,  or is doing or about to do or permitting or about to permit anything to be done contrary to law or any order or requirement of the commission,  it shall commence a proceeding in the name of the state to have such violations or threatened violations prevented,  either by mandamus or injunction. The commission shall bring the action in the superior court in the county in which the claim arose,  or in which the corporation complained of has its principal place of business or an agent for any purpose,  or in which the commission has its office.
B. The court shall specify a time,  not exceeding twenty days after service of the copy of the complaint,  within which the corporation complained of shall answer the complaint,  and in the meantime the corporation may be restrained. Upon default of answer,  or after answer,  the court shall immediately try the action.
C. Such persons as the court deems necessary or proper to be joined as parties,  in order to make the judgment,  order or writ effective,  may be joined as parties.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-423 - Liability of public service corporation to persons for injury resulting from violation of chapter

40-423.
Liability of public service corporation to persons for injury resulting from violation of chapter
A. If any public service corporation does or permits to be done anything forbidden or declared to be unlawful,  or omits to do anything required to be done,  by the constitution or laws of the state,  or by orders of the commission,  the corporation is liable to the persons affected thereby for all loss,  damages or injury caused thereby or resulting therefrom. If the court finds that the act or omission was wilful,  it may also award exemplary damages.
B. A recovery under this section shall not in any manner affect a recovery by the state of the penalties provided in this chapter,  or the exercise by the commission of its power to punish for contempt.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-424 - Contempt of corporation commission; penalty

40-424.
Contempt of corporation commission;  penalty
A. If any corporation or person fails to observe or comply with any order,  rule,  or requirement of the commission or any commissioner,  the corporation or person shall be in contempt of the commission and shall,  after notice and hearing before the commission,  be fined by the commission in an amount not less than one hundred nor more than five thousand dollars,  which shall be recovered as penalties.
B. The remedy prescribed by this article shall be cumulative.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-425 - Penalty for violations not otherwise provided for; separate and continuing offenses; responsibility of corporation for acts of officers, agents or employees

40-425.
Penalty for violations not otherwise provided for;  separate and continuing offenses;  responsibility of corporation for acts of officers,  agents or employees
A. Any public service corporation that violates or fails to comply with the constitution or this chapter or that fails or neglects to obey or comply with any order,  rule or requirement of the commission,  the penalty for which is not otherwise provided,  is subject to a penalty of not less than one hundred nor more than five thousand dollars for each offense.
B. Each violation is a separate offense,  but violations continuing from day to day are one offense.
C. In enforcing penalties the act or omission of any officer,  agent or employee of a public service corporation,  acting within the scope of the person's duties or employment is the act,  omission or failure of such corporation.
D. Notwithstanding any other provision in this chapter,  the exclusive remedy or penalty for any alleged or actual violation by a public service corporation,  or any alleged or actual violation by or procured by a public service corporation's officer,  agent or employee,  of any constitutional provision or any commission rule based on any constitutional provision specifying or relating to the type of electric generation resources a public service corporation must acquire or use is civil and limited to the penalties specified in this section.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-426 - Violations by officers, agents or employees of public service corporations; classification

40-426.
Violations by officers,  agents or employees of public service corporations;  classification
Every officer,  agent or employee of a public service corporation,  who violates or fails to comply with,  or procures any violation by a public service corporation of any provision of the constitution of the state or of this chapter,  or of any order,  rule or requirement,  of the commission,  is guilty of a class 1 misdemeanor unless another classification is specifically prescribed in this chapter.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-427 - Violations by corporations other than public service corporations; violations by officers, agents or employees of corporations other than public service corporations; classification

40-427.
Violations by corporations other than public service corporations;  violations by officers,  agents or employees of corporations other than public service corporations;  classification
A. Every corporation,  other than a public service corporation,  which violates any provisions of this chapter,  or which fails to obey or comply with any order,  rule or requirement of the commission,  for which the penalty is not otherwise provided for such corporation,  is guilty of a class 1 misdemeanor.
B. Every person who either individually,  or acting as an officer,  agent or employee of a corporation other than a public service corporation,  violates any provision of this chapter,  or fails to obey or comply with any order,  rule or requirement of the commission,  or who procures any public service corporation in its violation or in its failure to obey or comply with any such order,  rule or requirement,  for which a penalty for violation is not otherwise provided,  for such person,  is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-428 - Cumulative nature of penalties

40-428.
Cumulative nature of penalties
A. This chapter shall not release or waive any right of action by the state,  the commission or any person for any right,  penalty or forfeiture which arises or accrues under any law of this state.
B. All penalties accruing shall be cumulative to each other,  and an action for recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public service corporation,  or any officer or employee thereof,  or any other person,  or be a bar to the exercise by the commission of its power to punish for contempt.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-429 - Actions to recover penalties; venue

40-429.
Actions to recover penalties;  venue
Actions to recover penalties under this chapter shall be brought by the commission in the name of the state in a court of competent jurisdiction in the county in which the cause or some part of the cause arose,  or in which the corporation complained of,  if any,  has its principal place of business or an agent for any purpose,  or in which the person resides,  or in the county in which the commission has its office.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-430 - Limitations on requiring bond of employees by common carrier; violation; classification

40-430.
Limitations on requiring bond of employees by common carrier;  violation;  classification
A. A common carrier doing business in this state requiring an employee to give a bond or undertaking of any nature,  shall not require the employee to have the bond or undertaking executed as surety by any particular person,  and the carrier shall not reject any such bond or undertaking for any reason other than the financial insufficiency of the surety.
B. A person violating this section is guilty of a class 1 misdemeanor.
C. Any bond or undertaking made in violation of this section hereof is void.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-431 - Preventing officer or agent of public service corporation from examining property; violation; classification

40-431.
Preventing officer or agent of public service corporation from examining property;  violation;  classification
A. A duly appointed and authorized officer or agent of a public service corporation may,  at all reasonable times,  upon exhibiting written authority signed by the president,  secretary or manager of the corporation,  enter any premises using the product of such corporation for the purpose of inspecting and examining the property of the corporation,  or for ascertaining the quantity of its product consumed.
B. A person who knowingly prevents or interferes with such officer or agent entering such premises or making such examination or inspection is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-432 - Agent or employee of telegraph or telephone company using information contained in message; classification

40-432.
Agent or employee of telegraph or telephone company using information contained in message;  classification
An agent,  operator or employee of a telegraph or telephone operator who knowingly in any way uses or appropriates information derived by him from a private message passing through his hands and addressed to another person,  or in any other manner acquired by him by reason of his trust,  or trades or speculates upon information so obtained,  or in any manner uses the information for his own account,  profit or advantage,  is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-433 - Agent or employee of telegraph or telephone company failing or refusing to send or deliver message; classification

40-433.
Agent or employee of telegraph or telephone company failing or refusing to send or deliver message;  classification
An agent,  operator or employee of a telegraph or telephone office who knowingly fails or refuses to send a lawful and prepaid message received at the office for transmission,  or knowingly postpones its order of transmission,  or knowingly fails or refuses to deliver the message received,  is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-441 - Commission safety regulations, rules and orders; definitions

40-441.
Commission safety regulations,  rules and orders;  definitions
A. For the purpose of providing state control over safety standards and practices applicable to the transportation of gas and hazardous liquids and gas and hazardous liquids pipeline facilities within the state to the full extent permissible under federal law that is applicable to natural gas and hazardous liquid gas pipelines,  the commission shall adopt by regulation,  rule or order appropriate safety standards for all such transportation of gas and hazardous liquids and gas and hazardous liquids pipeline facilities,  including both privately owned and public,  which are not subject to exclusive federal control. Upon the adoption of such regulations,  rules or orders,  the commission shall make certifications and reports and take any other necessary action in accordance with intrastate certifications and interstate agent agreements under federal pipeline safety laws (49 United States Code,  subtitle VIII,  chapter 601).
B. All terms used in this article that are defined in the federal pipeline safety laws (49 United States Code,  subtitle VIII,  chapter 601) shall have the definitions set forth in that act.