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 R14-3-106 - Formal documents, requirement and timeliness, motions, informal complaints and protests

Current through Register Vol. 30, No. 28, July 12, 2024
A. Formal
				documents. Formal documents include applications, complaints, answers, motions,
				replies and protests.
B.
				Verification. Applications, complaints and answers need not be verified unless
				required by law.
C. Form. Formal
				documents shall be typewritten, reproduced or printed, properly captioned and
				signed by an appropriate authorized individual, officer or attorney. Formal
				documents shall state the name and address of each party thereto and shall
				clearly identify the proceedings by docket number and title.
D. Defective filing. No case need be set for
				hearing wherein any data required by statute or by General Order of this
				Commission has not been furnished by applicant.
E. Amendments to formal documents. The
				Commission or presiding officer, in his discretion, may allow any formal
				document to be amended or corrected. Formal documents will be liberally
				construed and defects which do not affect substantial rights of the parties
				will be disregarded. The Commission or presiding officer shall cause parties or
				formal documents to be redesignated whenever necessary in accordance with these
				rules.
F. Applications. A request
				for a right, authority or other affirmative relief (other than by complaint or
				counterclaim) or a request for leave to intervene shall be designated an
				"Application". The application shall set forth the name and post office address
				of the applicant and shall contain the facts upon which the application is
				based, with such exhibits as may be required or deemed appropriate by the
				applicant.
G. Application for
				rehearing. A request for rehearing, filed either under
				R14-3-111
				or
				R14-3-112,
				shall be designated as an "Application for Rehearing". Applications filed under
				R14-3-111 shall be governed by the provisions of that rule and A.R.S. §
									40-253.
				Applications filed under
				R14-3-112
				shall be governed by that rule.
H.
				Answers. Answers to complaints are required and must be filed within 20 days
				after the date on which the complaint is served by the Commission, unless
				otherwise ordered by the Commission. All answers shall be full and complete and
				shall admit or deny specifically and in detail each allegation of the complaint
				to which such answer is directed. The answer shall include a motion to dismiss
				if a party desires to challenge the sufficiency of the complaint.
I. Protests. Unless otherwise provided by
				special order of the Commission, a person who may be adversely affected by an
				application shall have the right to file a written protest with the Commission
				or be heard orally as a protestant at a public hearing.
J. Response to application when required by
				Commission. After the filing of an Application, the Commission in its
				discretion may make any public service corporation or other person subject to
				its jurisdiction, a party to the proceedings and may require such person or
				corporation to respond to the allegations of the Application.
K. Motions. Motions shall conform insofar as
				practicable with the Rules of Civil Procedure for the Superior Court of the
				state of Arizona.
L. Formal
				complaints. Complaints shall be in writing and shall contain the name and
				address of the complainant, the name of the person or company against whom
				complaint is made, a complete statement of the grounds for said complaint,
				indicating the date or dates of the commission or omission of the acts or
				things complained of, and the nature of the relief sought by the complainant.
				The complaint shall be signed by the complainant, or by one of the complainants
				if there be more than one, or by an officer of the complainant if the
				complainant be a corporation, association or other organization, or for the
				complainant by an agent or attorney. If the complainant has an attorney, his
				name and address shall appear in the complaint and he shall sign the
				complaint.
M. Informal complaints
1. Informal complaints may be made by letter
				or other writing. No particular form is required; however, the writing must
				clearly state the matters complained of and must satisfactorily identify the
				party complained against. It need not be verified but must be signed by the
				complainant or attorney and show the address of the complainant and his
				attorney if he has one.
2. Informal
				complaints may be handled by the Commission or staff, by correspondence or
				otherwise, with the parties affected in an endeavor to bring about a speedy
				adjustment of the complaint without formal hearing. Informal procedure is
				recommended in all cases except those which clearly cannot be adjusted
				informally. Proceedings on informal complaints will be conducted without
				prejudice to the complainant's right to file and prosecute a formal complaint
				if the matter cannot be properly adjusted informally, in which event the
				proceeding on the informal docket will be discontinued. A formal complaint must
				thereafter be filed if a hearing is desired.