Ariz. Admin. Code § 14-3-208

Current through Register Vol. 30, No. 24, June 14, 2024

Section R14-3-208 - Hearings

A. The Presiding Officer shall, within ten days after receiving an application, provide:

1. Public notice as to the time and place of a hearing on the application.

2. Notice by certified mail to the affected areas of jurisdiction at least ten days prior to the date they are to respond by requesting to become a party.

3. Notice to members of the Committee as provided in R14-3-205(D).

B. Hearings shall be held not less than 30 or more than 60 days after the date notice is first given and shall be held at the discretion of the Presiding Officer:

1. In the general area within which the proposed plant or transmission line is to be located; or

2. At the State Capitol at Phoenix.

C. "Public notice", as used herein, shall mean two publications in a daily or weekly newspaper of general circulation within the general area in which the proposed plant or transmission line is proposed to be located. Such notice shall contain a general description of the substance and purpose of such hearing. If a transmission line is proposed to be located in more than one county, publication shall be made in each county wherein the line is proposed to be located.

D. The Presiding Officer shall receive under oath and before a court reporter the material, nonrepetitive evidence, and comments of the parties to the proceedings and any rebuttal evidence of the applicant.

E. At hearings upon application for a certificate, the applicant shall open and close. The order of presentation herein prescribed shall be followed except as the Presiding Officer may otherwise prescribe. At hearings of several proceedings upon a consolidation, the Presiding Officer shall designate the procedure to be followed. Intervenors shall follow the applicant in whose behalf or in opposition to whom the intervention is made.

F. Individual parties may appear at the hearing on their own behalf. All other persons who are parties shall appear only by a licensed attorney.

G. If the Committee, subsequent to the hearing, proposes to condition issuance of the certificate on the use of a site other than the site or alternate sites generally described in the notice referred to in R14-3-207(A), a further hearing shall be held thereon after public notice, as provided in R14-3-213(A), shall be deemed to run from the date of such public notice.

Effective 2-70.

Ariz. Admin. Code § R14-3-208

Former General Order U-51, Article VIII.