Section 16.3 - (Rule 16.3) Oral Arguments on Application for Rehearing(a) If the applicant for rehearing seeks oral argument, it should request it in the application for rehearing. The request for oral argument should explain how oral argument will materially assist the Commission in resolving the application, and demonstrate that the application raises issues of major significance for the Commission because the challenged order or decision:(1) adopts new Commission precedent or departs from existing Commission precedent without adequate explanation;(2) changes or refines existing Commission precedent;(3) presents legal issues of exceptional controversy, complexity, or public importance; and/or(4) raises questions of first impression that are likely to have significant precedential impact. These criteria are not exclusive. The Commission has complete discretion to determine the appropriateness of oral argument in any particular matter. Arguments must be based only on the evidence in the record. Oral argument is not part of the evidentiary record.
(b) Any party responding to an application for rehearing may make its own request, or respond to the rehearing applicant's request, for oral argument; if it does either, the party must comment on why the issues raised meet or do not meet the criteria stated in subsection (a).(c) The President has the discretion to grant the request for oral argument, if any. At the request of any other Commissioner, the President's determination will be placed on the Commissioner's meeting agenda for consideration by the full Commission.(d) Oral argument will be scheduled in a manner that will not unduly delay the resolution of the application for rehearing. At least ten days prior to the oral argument, the Commission will serve all parties to the proceeding with a notice of the oral argument, which may set forth the issues to be addressed at the argument, the order of presentation, time limitations, and other appropriate procedural matters. Normally, no more than one hour will be allowed for oral argument in any particular proceeding.(e) Participation in the oral argument will ordinarily be limited to those parties who have filed or responded to the application for rehearing. Other parties to the proceeding may participate with the permission or at the invitation of the Commission. Requests to participate should be directed to the General Counsel and should be made at least seven days before the date set for oral argument.Cal. Code Regs. Tit. 20, § 16.3
1. Renumbering of former sections 86.3, 86.4, 86.5, 86.6 and 86.7 to new section 16.3, including amendment of section heading, section and NOTE filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37). Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Sections 1731, 1732, 1733 and 1735, Public Utilities Code.
1. Renumbering of former sections 86.3, 86.4, 86.5, 86.6 and 86.7 to new section 16.3, including amendment of section heading, section and Note filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37).