Ariz. Admin. Code § 12-14-607

Current through Register Vol. 30, No. 50, December 13, 2024

Section R12-14-607 - Request for Hearing; Setting the Hearing

A. A party may initiate an appeal by filing a notice of appeal or request for a hearing with the Arizona Power Authority within 30 days after receiving the notice prescribed in R12-14-606(A). The notice of appeal or request for a hearing may be filed by a party whose legal rights, duties or privileges were determined by the Appealable Agency Action. A notice of appeal or request for a hearing also may be filed by a party who will be adversely affected by the Appealable Agency Action and who exercised any right provided by law to comment on the action being appealed or contested, provided that the grounds for the notice of appeal or request for a hearing are limited to issues raised in that party's comments. The notice of appeal or request for a hearing shall identify the party, the party's address, and the action being appealed and shall contain a concise statement of the reasons for the appeal or request for a hearing. If requested, the Authority shall schedule an appeal hearing pursuant to this section.

B. If good cause is shown, the Commission may accept an appeal or request for a hearing that is not filed in a timely manner.

C. A party filing a notice of appeal or requesting the Commission schedule an administrative hearing shall provide the following information:

1. Caption of the Appealable Agency Action, including the name and address of each party;

2. The date the party appealed the agency action;

3. A concise statement of the reasons for the appeal;

4. Any request to expedite or consolidate the appeal; and

5. If a hearing is requested:

a. the estimated time for the hearing;

b. the proposed hearing dates; and

c. any agreement of the Parties to waive applicable time limits to set the hearing.

D. The date scheduled for the hearing may be advanced or delayed on the agreement of the parties or on a showing of good cause, pursuant to A.R.S. § 41-1092.05.

E. Within 10 days of the Commission's receipt of a request for hearing, the Commission shall provide notice of the date, time, and location of the hearing in the same manner as provided in R12-14-606(B).

Ariz. Admin. Code § R12-14-607

Correction, not in original publication; former Rules of Practice and Procedure, Article VII, adopted effective November 14, 1952, renumbered as Section R12-14-607 (Supp. 85-6). Section repealed, new Section adopted effective November 1, 1993 (Supp. 93-4). Section renumbered to R12-14-601 at 9 A.A.R. 370, effective March 15, 2003 (Supp. 03-1-1). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.