Arizona Administrative Code › Title 14 - PUBLIC SERVICE CORPORATIONS; CORPORATIONS AND ASSOCIATIONS; SECURITIES REGULATION › Chapter 3 - Corporation Commission - Rules of Practice and Procedure › Article 1 - RULES OF PRACTICE AND PROCEDURE BEFORE THE CORPORATION COMMISSION › Section R14-3-109 - Hearings, prehearings, conduct of hearings, procedure, evidence, subpoenas, briefs, arguments, official notice and rulings

Current through Register Vol. 30, No. 28, July 12, 2024
A. Procedure. Hearings will be held before
				one or more Commissioners, one or more Hearing Officers, or any combination
				thereof. Notice of the place, date and hour of the hearing will be served by
				the Commission at least ten days before the time set therefor, unless otherwise
				provided by law or as ordered by the Commission.
B. Publication of notice of hearings.
				Publication of notice of hearings shall be as required by law or as ordered by
				the Commission in a particular proceeding. If publication is required,
				affidavit of publication shall be filed with the Arizona Corporation Commission
				at or prior to the time of initial hearing.
C. Dismissal of proceeding. The Commission
				may dismiss the application or complaint with or without prejudice or may
				recess said hearing for a further period to be set by the Commission. A single
				Commissioner or a Hearing Officer may adjourn or recess a hearing at any time
				to submit a recommendation to the Commission to dismiss the proceeding, or may
				recess said hearing for a further period to be set by the Commission.
D. Preliminary procedure. The presiding
				officer shall call the proceeding for hearing and proceed to take the
				appearances and act upon any pending motions or applications. The parties may
				then make opening statements if they desire.
E. Conduct at hearings. All parties to
				hearings, their counsel and spectators will conduct themselves in a respectful
				manner. Smoking shall not be permitted at formal hearings of the
				Commission.
F. Testimony under
				oath. All testimony to be considered by the Commission in formal hearings shall
				be under oath, except matters of which judicial notice is taken or entered by
				stipulation.
G. Order of procedure.
				Applicants or complainants (each of whom must carry the burden of proof) shall
				present their evidence and then such parties as may be opposing the application
				or complaint shall submit their evidence. The presiding officer shall determine
				the order in which parties shall introduce their evidence. Intervenors shall,
				insofar as possible, follow the party with respect to whom their interests are
				most closely identified. If the intervention is not in support of either
				original party, the presiding officer shall designate at which stage such
				intervenors shall be heard. Evidence will ordinarily be received in the
				following order unless otherwise directed by the presiding officer:
Upon applications
Applicant
Intervenors or protestants
Commission staff
Upon formal complaints
Complainant
Respondent
Commission staff
Intervenors
Upon complaints by Commission
Commission staff
Respondent
Intervenors
Examination of witnesses shall proceed as follows:
Direct examination by applicant
Cross-examination by each protestant or intervenor
Cross-examination by staff
Examination by presiding officer of Commissioners
Re-direct examination by applicant
Re-cross examination as permitted by the presiding
				  officer
Examination by presiding officer or Commissioners
Opening and closing statements may be allowed
Once a party has rested his case he shall not be allowed to
				  introduce further evidence without consent of the presiding officer.
H. Consolidation. The Commission
				or the presiding officer may consolidate two or more proceedings in one hearing
				when it appears that the issues are substantially the same and that the rights
				of the parties will not be prejudiced by such procedure. At such consolidated
				hearing the presiding officer shall determine the order in which all the
				parties shall introduce their evidence and which party or parties shall open
				and close.
I. Limiting number of
				witnesses. To avoid unnecessary cumulative evidence, the presiding officer may
				limit the number of witnesses or the time for testimony upon a particular
				issue.
J. Stipulations. With the
				approval of the presiding officer, the parties may stipulate as to any fact at
				issue, either by written stipulation introduced in evidence as an exhibit or by
				oral statement shown upon the record and such stipulation shall be binding upon
				all parties thereto. The Commission or presiding officer, may, however, require
				proof by evidence of the facts stipulated to, notwithstanding the stipulation
				of the parties.
K. Rules of
				evidence. In conducting any investigation, inquiry or hearing, neither the
				Commission nor any officer or employee thereof shall be bound by the technical
				rules of evidence, and no informality in any proceeding or in the manner of
				taking of testimony shall invalidate any order, decision, rule or regulation
				made, approved or confirmed by the Commission. Rules of evidence before the
				Superior Court of the state of Arizona will be generally followed but may be
				relaxed in the discretion of the Commission or presiding officer when deviation
				from the technical rules of evidence will aid in ascertaining the
				facts.
L. Documentary evidence.
				Unless otherwise ordered by the Commission or presiding officer and if
				practicable, exhibits should be limited in size when folded to 8 1/2 x 11
				inches. A copy of each documentary exhibit shall be furnished to each party of
				record present, and three additional copies shall be furnished for the use of
				the Commission unless the Commission or presiding officer otherwise directs.
				Where relevant and material matter offered in evidence is embraced in a written
				or printed statement, book or document of any kind containing other matter not
				material or relevant and not intended to be put in evidence, such statement,
				book or document in whole shall not be received or allowed to be filed, but
				counsel and other parties offering the same shall present in convenient and
				proper form for filing a copy of such material and relevant matter, or at the
				discretion of the presiding officer, read the same into the record, and that
				only shall be received and allowed to be filed as evidence and made a part of
				the record. Whenever practicable, or when ordered by the Commission or
				presiding officer, the parties shall interchange copies of exhibits before or
				at the hearing. Any documentary evidence offered, whether in the form of
				exhibit or introduced by reference, shall be subject to appropriate and timely
				objection.
M. Prepared testimony.
				The Commission may order the prefiling and service of testimony and exhibits.
				Before any prepared testimony is read, unless excused by the presiding officer,
				the witness shall deliver copies thereof to the presiding officer, the court
				reporter, and all counsel or parties. Admissibility shall be subject to the
				rules governing oral testimony. If the presiding officer deems that substantial
				saving in time will result, he may direct prepared testimony be copied into the
				record without reading.
N.
				Resolutions. Resolutions properly authenticated by the governing bodies of a
				governmental entity will be received in evidence if offered at the hearing by
				the president, secretary, or other proper person. Such resolutions shall be
				received subject to rebuttal by adversely affected parties as to either the
				authenticity of the resolution or the circumstances surrounding its
				procurement. Recitals of fact contained in resolutions shall not be deemed
				proof of those facts, and such resolutions shall only be received for the
				limited purpose of showing the expression of the official action of the
				resolving body with respect to the matter under consideration in the
				proceeding.
O. Subpoenas. Subpoenas
				requiring the attendance of a witness from any place in the state of Arizona to
				any designated place of hearing for the purpose of taking testimony of such
				witnesses orally before the Commission may be issued upon application in
				writing. A subpoena may also command the person to whom it is directed to
				produce books, papers, documents or tangible things designated therein. The
				application for such subpoenas must specify, as clearly as possible, the books,
				waybills, papers, accounts or other documents desired. The Commission or
				presiding officer, upon motion made promptly and, in any event, at or before
				the time specified in the subpoena for compliance therewith may:
1. Quash the subpoena if it is unreasonable
				or oppressive, or
2. Condition
				denial of the motion upon the advancement by the person in whose behalf the
				subpoena is issued, of the reasonable cost of producing the books, waybills,
				papers, accounts or other documents desired.
Witnesses who are summoned are entitled to the same fees as
				  are paid for like service in the courts of the state of Arizona, such fees to
				  be paid by the party at whose instance the witness is subpoenaed. If service of
				  subpoena is made by an officer of the state or his deputy, such service shall
				  be evidenced by his return thereon. In case of failure to make service, the
				  reasons for the failure shall be stated on the original subpoena. In making
				  service the original subpoena shall be exhibited to the person served, shall be
				  read to him if he is unable to read, and a copy thereof shall be left with him.
				  The original subpoena, bearing or accompanied by the required return, shall be
				  returned forthwith to the Commission.