Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 14 - ARIZONA POWER AUTHORITY › Article 6 - CONFERENCES; APPEAL OF AGENCY ACTION › Section R12-14-623 - Hearings; Depositions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Pursuant to A.R.S. §
									30-107,
				all members of the Commission shall attend all hearings, unless excused from
				attendance for a justifiable excuse which shall be made part of the record.
				Three members shall constitute a quorum for conducting a hearing.
B. The Parties to an Appealable Agency Action
				have the right to be represented by counsel, or to proceed without counsel, to
				submit evidence and to cross-examine witnesses.
C. The Commission may issue subpoenas to
				compel the attendance of witnesses and the production of documents. The
				subpoenas shall be served pursuant to
				R12-14-620(C)
				and, on application to the superior court, enforced in the manner provided by
				law for the service and enforcement of subpoenas in civil proceedings. The
				Commission may administer oaths and affirmations to witnesses.
D. All parties shall have the opportunity to
				respond and present evidence and argument on all relevant issues. All relevant
				evidence is admissible, but the Commission may exclude evidence if its
				probative value is outweighed by the danger of unfair prejudice, by confusion
				of the issues or by considerations of undue delay, waste of time or needless
				presentation of cumulative evidence. The Commission shall exercise reasonable
				control over the manner and order of cross-examining witnesses and presenting
				evidence to make the cross-examination and presentation effective for
				ascertaining the truth, avoiding needless consumption of time and protecting
				witnesses from harassment or undue embarrassment.
E. All hearings shall be recorded. The
				Commission shall secure either a court reporter or an electronic means of
				producing or preserving a clear and accurate record of the proceeding at the
				Authority's expense. Any party that requests a transcript of the proceeding
				shall pay the costs of the transcript to the court reporter or other
				transcriber.
F. Unless otherwise
				provided by law, the following apply:
1. A
				hearing may be conducted in an informal manner and without adherence to the
				rules of evidence required in judicial proceedings. Neither the manner of
				conducting the hearing nor the failure to adhere to the rules of evidence
				required in judicial proceedings is grounds for reversing any administrative
				decision or order if the evidence supporting the decision or order is
				substantial, reliable and probative.
2. Copies of documentary evidence may be
				received in the discretion of the Commission. On request, Parties shall be
				given an opportunity to compare the copy with the original.
3. Notice may be taken of judicially
				cognizable facts. In addition, notice may be taken of generally recognized
				technical or scientific facts within the Commission's specialized knowledge.
				Parties shall be notified either before or during the hearing or by reference
				in preliminary reports or otherwise of the material noticed including any staff
				memoranda or data and they shall be afforded an opportunity to contest the
				material so noticed. The Commission's experience, technical competence and
				specialized knowledge may be used in the evaluation of the evidence.
4. On application of a party and for use as
				evidence, the Commission may permit a deposition to be taken, in the manner and
				on the terms designated by the Commission, of a witness who cannot be
				subpoenaed or who is unable to attend the hearing. Subpoenas for the production
				of documents may be ordered by the Commission if the party seeking the
				discovery demonstrates that the party has reasonable need of the materials
				being sought. All provisions of law compelling a person under subpoena to
				testify are applicable. Fees for attendance as a witness shall be the same as
				for a witness in court, unless otherwise provided by law or Arizona Power
				Authority rule. Notwithstanding A.R.S. §
										12-2212,
				subpoenas, depositions or other discovery shall not be permitted except as
				provided by this subsection or subsection (C).
5. Informal disposition may be made by
				stipulation, agreed settlement, consent order or default.
6. Findings of fact shall be based
				exclusively on the evidence and on matters officially noticed.
7. A final administrative decision shall
				include findings of fact and conclusions of law, separately stated. Findings of
				fact, if set forth in statutory language, shall be accompanied by a concise and
				explicit statement of the underlying facts supporting the findings.