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Arizona Revised Statutes

Chapter 1
CORPORATION COMMISSION
Article 1In General
  • 40-101
  • Interest of commissioner or employee prohibited in corporation subject to regulation
  • 40-102
  • Corporation commission organization; meetings; acts of commission by majority or by single commissioner; conflict of interest
  • 40-103
  • Corporation commission seal
  • 40-105
  • Executive director; appointment; powers and duties
  • 40-108
  • Compensation of appointees and employees
  • 40-109
  • Salaries and expenses of corporation commissioners
  • 40-110
  • Consumer services section
  • 40-112
  • Fees for certification and duplication
  • 40-113
  • Consumer outreach and education
Chapter 2
PUBLIC SERVICE CORPORATIONS GENERALLY
Article 1Regulation by Corporation Commission
  • 40-202
  • Supervising and regulating public service corporations; telecommunications promotion; competitive electricity market; rules; duty to comply; exemptions for electric generation; unlawful practice
  • 40-203
  • Power of commission to determine and prescribe rates, rules and practices of public service corporations
  • 40-204
  • Reports by public service corporations to commission; duty of corporation to deliver documents to commission; confidential nature of information furnished; exception; classification
  • 40-205
  • Regulation of commercial flight operators by commission prohibited; definitions
  • 40-206
  • Exemption of motor carriers
  • 40-207
  • Electricity suppliers; rules
  • 40-208
  • Service territories; open competition
  • 40-209
  • Franchises; electric generation suppliers; limitations
  • 40-210
  • Contractors; requirements; prohibition; definition
  • 40-211
  • Public service corporations; electronic filings
Article 2Accounting
  • 40-221
  • Power of commission to prescribe record-keeping methods and accounts; conformity with interstate commerce commission requirements; limitation on keeping of accounts
  • 40-222
  • Depreciation accounting
Article 3Investigations, Hearings and Appeals
  • 40-241
  • Power to examine records and personnel of public service corporations; filing record of examination
  • 40-242
  • Production of records kept without state
  • 40-243
  • Conduct of hearings and investigations; representation by corporate officer or employee; arbitration
  • 40-244
  • Administration of oaths and certification to official acts by commissioners; taking of depositions; witness fees and mileage
  • 40-245
  • Admissibility in evidence of copies of documents filed with commission; orders, authorizations or certificates issued by commission required to be in writing; recording
  • 40-246
  • Complaint alleging violation by public service corporation of law or rule or order of commission; exception; joinder of complaints; notice of hearing
  • 40-247
  • Hearing; process to witnesses; report of proceedings; decision; service of order
  • 40-248
  • Reparation of overcharge; action to recover overcharge; limitations
  • 40-249
  • Complaint by public service corporation; hearing
  • 40-250
  • Hearing on rate or other change in operations by public service corporation; establishment of rates or other practices by order of commission; rates for retail telecommunications services
  • 40-251
  • Hearings on valuation of property of public service corporations; notice; introduction of evidence; written findings of fact required; admissibility in evidence; effect; exception
  • 40-252
  • Rescission or amendment of orders by commission; collateral attack on final orders or decisions prohibited
  • 40-253
  • Application for rehearing; hearing; effect; decision
  • 40-254
  • Action to set aside or modify certain orders of commission; filing; limitation; superior court
  • 40-254.01
  • Action to set aside or modify certain commission orders; limitation; court of appeals
  • 40-256
  • Time periods for rate decisions; calculation; simplified filing rules; interim rates and charges; definitions
Article 4Certificates of Convenience and Necessity and Franchises
  • 40-281
  • Certificate required before construction by public service corporation; exceptions; complaint by corporation injuriously affected by construction hearing; exclusive franchise or monopoly
  • 40-282
  • Application for certificate; hearing; application upon contemplated franchise
  • 40-283
  • Transmission lines; use of public streets for utility right-of-way; notice; election
  • 40-284
  • Restrictions upon conduct of public service business by foreign corporations
  • 40-285
  • Disposition of plant by public service corporations; acquisition of capital stock of public service corporation by other public service corporations; exemption
  • 40-286
  • Exemption from antitrust statutes
  • 40-287
  • Value of certificated area
Article 5Stocks and Bonds
  • 40-301
  • Issuance of stocks and bonds; authorized purposes
  • 40-302
  • Order authorizing issuance of stocks, bonds or other evidences of debt; hearing on application to issue; amount of issue; issuance of short term notes without commission order; capitalization of certain items prohibited; accounting for proceeds of issues
  • 40-303
  • Validity of stock certificates or evidences of indebtedness; violation of law or commission authorizations; classification
Article 6Service and Facilities
  • 40-321
  • Power of commission to determine adequacy of service rendered by public service corporation; enforcement by order or regulation; duty of compliance by corporation; surety; utility surety fund
  • 40-322
  • Regulation of public service corporations; standards of service; measurement standards; inspections by commission
  • 40-323
  • Commission rules and regulations to regulate time for furnishing services by railroad and telephone and telegraph companies; uniformity of demurrage charges
  • 40-324
  • Power of commission to order changes in service to insure adequate service by railroad
  • 40-325
  • Power of commission to order physical connection between railroad companies
  • 40-326
  • Duty of railroad company to make connection with track of private shipper; conditions
  • 40-327
  • Order by commission for connection or spur; right to connect to private track; order to company to switch cars of another corporation
  • 40-328
  • Duty of telephone and telegraph companies to handle messages of connecting companies
  • 40-329
  • Power of commission to order connections and joint rates between telephone or telegraph companies
  • 40-331
  • Power of commission to order additions, improvements or changes in plant of public service corporations; additions or changes made jointly
  • 40-332
  • Power of commission to order joint use of facilities belonging to public service corporation
  • 40-334
  • Discrimination between persons, localities or classes of service as to rates, charges, service or facilities prohibited
  • 40-335
  • Persons who may be given free or reduced rates; definitions; carriage during emergency; annual report of reduced rate carriage
  • 40-336
  • Power of commission to require safety devices
  • 40-337
  • Power of commission over railway crossings
  • 40-337.01
  • Installation of automatic warning devices; agreements for sharing cost; apportionment of cost
  • 40-337.02
  • Allocation of funds for automatic warning signals at railway crossings
  • 40-337.03
  • Determination of location of automatic warning signals
  • 40-338
  • Accidents on property of public service corporations; investigation; report
  • 40-339
  • Refusal of common carrier to receive or carry passenger; classification
  • 40-340
  • Emergency telephone numbers; use; restrictions
Article 6.1Conversion of Overhead Electric and Communication Facilities
  • 40-342
  • Petitions of owners for cost study establishing an underground conversion service area
  • 40-343
  • Petition of owners and petition of public service corporation or public agency for establishment of underground conversion service area; notice of proposed lien
  • 40-344
  • Hearing on petition; notice
  • 40-345
  • Procedure for making and hearing protests and objections and withdrawing signatures
  • 40-346
  • Hearing on petition by corporation commission, board of supervisors or city or town council; determination of economic and technical feasibility; addition or elimination of certain areas
  • 40-347
  • Establishment of conversion costs; apportionment of costs; method of payment
  • 40-348
  • Conversion of service lines on owner's property; payment; notice of disconnection to owner
  • 40-349
  • Permit or easement for conversion of service lines to be furnished by owner
  • 40-350
  • Lien for cost of conversion; procedure to perfect lien; recording notice of lien; default; limitation of action to foreclose lien; disconnection of service upon default
  • 40-351
  • Sale of property to satisfy lien
  • 40-352
  • Relocation of underground facilities; public service corporation or public agency to be reimbursed for cost thereof
  • 40-353
  • Application of article; reinstallation of overhead facilities prohibited
  • 40-354
  • No extension of corporation commission jurisdiction to public agencies or cable television systems
  • 40-355
  • Franchises, charters and ordinances of local governments not affected
Article 6.2Power Plant and Transmission Line Siting Committee
  • 40-360.01
  • Organization and membership of the committee
  • 40-360.02
  • Plans; filing; failure to comply; classification
  • 40-360.03
  • Applications prior to construction of facilities
  • 40-360.05
  • Parties to certification proceedings
  • 40-360.06
  • Factors to be considered in issuing a certificate of environmental compatibility
  • 40-360.07
  • Compliance by utility; commission order
  • 40-360.08
  • Transfer of certificate; compliance by committee; commission and review panel; authorization to construct
  • 40-360.13
  • Certificate of environmental compatability; availability of groundwater and impact on groundwater management plan
Article 6.3Underground Facilities
  • 40-360.22
  • Excavations; determining location of underground facilities; providing information; excavator marking; on-site representative; validity period of markings; liability for misuse of locate requests; detectible underground locating devices; civil penalty
  • 40-360.23
  • Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks
  • 40-360.24
  • Notice of damage to underground facility
  • 40-360.26
  • Damage of underground facility; liability to owner; homeowner and tenant exemption
  • 40-360.27
  • Liability for attorney fees; administrative costs and expenses
  • 40-360.29
  • Charters and ordinances of governments not affected; preemption
  • 40-360.30
  • Installation records of underground facilities
  • 40-360.31
  • Routine road maintenance; prior notification
  • 40-360.32
  • One-call notification center membership; termination; designated representatives
Article 6.4High Voltage Power Lines and Safety Restrictions
  • 40-360.42
  • Activity near overhead line; safety restrictions
  • 40-360.43
  • Activity in close proximity to lines; clearance arrangements; procedure; payment; notice
Article 6.5Utility Planning
  • 40-360.53
  • Utility facilities included in municipal and county plans
Article 7Rates and Rate Schedules
  • 40-361
  • Charges by public service corporations required to be just and reasonable; service and facilities required to be adequate, efficient and reasonable; rules and regulations relating to charges or service required to be just and reasonable
  • 40-362
  • Power of commission to investigate interstate rates
  • 40-365
  • Filing of rate schedules by public service corporations
  • 40-366
  • Names of parties to joint schedule required on schedule; filing required by only one party with concurrence of other parties
  • 40-367
  • Changes of rates; notice; filing; exception
  • 40-368
  • Sliding scale of charges
  • 40-369
  • Limitations on relative charges by telephone and telegraph companies for long and short distance messages
  • 40-370
  • Water utility surcharges to recover operating costs; notice; definition
  • 40-371
  • Limitation of passenger fares to three cents per mile; exceptions; violation; classification
  • 40-372
  • Street railways; fares; transfers
  • 40-373
  • Permitting or obtaining transportation at less than schedule rates prohibited
  • 40-374
  • Prohibition of rebates and agreements
  • 40-375
  • Fraudulent means or attempts to obtain rebate or damage prohibited
  • 40-376
  • Payment responsibility; private water companies; sewer corporations
Article 8Annual Assessments
  • 40-401
  • Annual assessment by commission against public service corporations; exception; rate of assessment; date of levy; annual statement of company intrastate revenue
  • 40-401.01
  • Residential utility consumer assessment; exceptions; rate of assessment; date of levy; annual statement of company intrastate revenue
  • 40-402
  • Findings of fact defined
  • 40-403
  • Objection to statement of assessment; hearing; notice of findings; compliance by company
  • 40-404
  • Making of objection to assessment as condition of action to recover assessment paid
  • 40-405
  • Action to enjoin collection of assessment prohibited; action to recover assessment paid; limitation
  • 40-406
  • Exclusive procedure to determine legality of assessments and to recover assessments paid
  • 40-407
  • Enforcement of payment; seizure and sale of property
  • 40-408
  • Disposition of assessment proceeds; utility regulation revolving fund; exemption from lapsing
  • 40-409
  • Disposition of residential utility consumer assessment proceeds; residential utility consumer office revolving fund; exemption from lapsing
Article 9Violations and Penalties
  • 40-421
  • Enforcement of laws relating to public service corporations
  • 40-422
  • Action by commission to enjoin violations or threatened violations; venue; time for answer; joinder of parties
  • 40-423
  • Liability of public service corporation to persons for injury resulting from violation of chapter
  • 40-424
  • Contempt of corporation commission; penalty
  • 40-425
  • Penalty for violations not otherwise provided for; separate and continuing offenses; responsibility of corporation for acts of officers, agents or employees
  • 40-426
  • Violations by officers, agents or employees of public service corporations; classification
  • 40-427
  • Violations by corporations other than public service corporations; violations by officers, agents or employees of corporations other than public service corporations; classification
  • 40-428
  • Cumulative nature of penalties
  • 40-429
  • Actions to recover penalties; venue
  • 40-430
  • Limitations on requiring bond of employees by common carrier; violation; classification
  • 40-431
  • Preventing officer or agent of public service corporation from examining property; violation; classification
  • 40-432
  • Agent or employee of telegraph or telephone company using information contained in message; classification
  • 40-433
  • Agent or employee of telegraph or telephone company failing or refusing to send or deliver message; classification
Article 10Pipeline Safety
  • 40-441
  • Commission safety regulations, rules and orders; definitions
  • 40-442
  • Civil penalty for violation; deduction; other remedies
  • 40-443
  • Pipeline safety revolving fund
Article 11Residential Utility Consumer Office
  • 40-462
  • Residential utility consumer office; director
Article 12Tampering With Utility Equipment and Service
  • 40-492
  • Tampering with a utility; civil action
  • 40-493
  • Damages; costs; attorney fees
  • 40-494
  • Presumption of violation
  • 40-495
  • Excess damages considered in establishing rates
Chapter 4
RAILROADS
Article 1Organization, General Powers and Duties
  • 40-801
  • Stock subscription required to form railroad corporation
  • 40-802
  • Articles of incorporation
  • 40-803
  • Filing and recording articles; commencement of business; amendment of articles to provide for perpetual existence
  • 40-804
  • Organization of board of directors; officers; adoption of by-laws by directors; ratification by shareholders
  • 40-805
  • Records required to be kept by secretary
  • 40-806
  • Call for installments on stock subscriptions; notice; action to collect from defaulting subscriber
  • 40-807
  • Certification by president and secretary of paid-in capital stock
  • 40-808
  • General powers of railroad corporations
  • 40-809
  • Specific powers of railroad corporations
  • 40-810
  • Power to borrow money; issuance of notes and bonds; mortgage of property and franchise; sinking fund to redeem bonds
  • 40-811
  • Contracting debt exceeding means of corporation to pay; classification; validity of debt
  • 40-812
  • Extension of lines; purchase of property and franchise of another railroad company; sale of property; limitations; consolidations; exceptions
  • 40-813
  • Organization of new corporation on sale at foreclosure; powers
  • 40-814
  • Duty of railroads to transport; liability for failure; exceptions
  • 40-815
  • Establishment or maintenance of employee association involving compulsory membership or waiver of rights prohibited
Article 2Rights of Way and Acquisition of Land
  • 40-831
  • Right of way through public lands; appropriation of water
  • 40-832
  • Right of way through lands of persons under disability
Article 3Safety
  • 40-841
  • Duty of commission to prescribe standards of safety and safety devices
  • 40-842
  • Service of complaint; answer; hearing; intervention
  • 40-843
  • Order of decision upon hearing; allowance of time for compliance with order; review of order by superior court; appeal
  • 40-844
  • Enforcement of article; compliance with commission regulations and orders
  • 40-845
  • Violation; penalty; action to collect penalty
  • 40-846
  • Electric headlights; violation; penalty
  • 40-847
  • Bells on locomotives; violation; penalties
  • 40-848
  • Automatic bell ringer required; violation; classification
  • 40-849
  • Transportation of employees; equipment required; violation; classification; time to comply
  • 40-852
  • Allowing engine or car to remain upon public crossing; classification
  • 40-854
  • Failure to warn at public crossing; classification
  • 40-855
  • Violation of duty by railroad officer or employee; classification
  • 40-856
  • Railroad police; powers; qualifications; liability of company
Article 4Crew Requirements
  • 40-881
  • Train crew requirements
  • 40-882
  • Train crews; penalty for violation of full crew requirements
  • 40-883
  • Exceptions to full crew requirements
  • 40-884
  • Train dispatcher; age and experience; violation; classification
Chapter 5
UNCLAIMED FREIGHT OR BAGGAGE HELD BY COMMON CARRIER
Article 1In General
  • 40-1001
  • Unclaimed freight or baggage
  • 40-1002
  • Sale; notice; posting and publication
  • 40-1004
  • Proceeds of sale; disposition
  • 40-1005
  • Perishable freight or baggage
Chapter 6
URBAN MASS TRANSPORTATION SYSTEMS
Article 2Metropolitan Public Transit Authorities
  • 40-1112
  • Qualifying bodies which may form authority; purposes
  • 40-1113
  • Procedures required to organize an authority
  • 40-1114
  • Authority subject to law and regulations; nonprofit status
  • 40-1115
  • Inclusion of additional areas
  • 40-1116
  • Judicial review of action of municipality or county
Article 3Organization and Powers of Metropolitan Public Transit Authority
  • 40-1121
  • Board of directors of authority; qualifications; appointment; terms; oath; meetings; compensation
  • 40-1122
  • Powers and duties of the board
  • 40-1123
  • Officers and employees of authority
  • 40-1124
  • General powers of an authority
  • 40-1125
  • Cooperation with state or other agencies
  • 40-1126
  • Cooperation with federal government
Article 4Financing for Metropolitan Public Transit Authority
  • 40-1132
  • Power to secure bonds; reimbursement for advance
  • 40-1133
  • Provision of bond resolution; covenants
  • 40-1136
  • Bond obligations of the metropolitan public transit authority
  • 40-1139
  • Annual financial statement of authority; estimate of expenses; notice of hearing on estimate
  • 40-1140
  • Hearing on estimates; adoption of proposed budget
  • 40-1141
  • Metropolitan public transit authority levy
  • 40-1142
  • Investment of funds by board
  • 40-1143
  • Bids required by board; exception
  • 40-1144
  • Claims against the authority
  • 40-1146
  • Certification of bonds and approval of contracts by attorney general
Article 5Intergovernmental Contract and Agreements for Public Transportation Services
  • 40-1152
  • Public transportation services; contracts and agreements; fares and service charges; educational institutions; financial grants
Chapter 7
GAS APPLIANCES
Article 1General Provisions
  • 40-1202
  • Power of commission to prohibit sale or installation of gas appliances equipped with pilot lights; exemption
  • 40-1203
  • Establishment of specifications for certification of intermittent ignition devices
  • 40-1204
  • Duty of commission to notify affected manufacturers
  • 40-1205
  • Creation and distribution of seal of certification; prohibition on sale, distribution, or installation without seal
  • 40-1207
  • Failure to comply with chapter; penalty