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126.03.1-4.10. Stipulations and Settlements

AR ADC 126.03.1-4.10Arkansas Administrative Code

West's Arkansas Administrative Code
Title 126. Public Service Commission
Division 03. Utilities Division
Rule 1. Rules of Practice and Procedure
Section 4. Proceedings
Ark. Admin. Code 126.03.1-4.10
126.03.1-4.10. Stipulations and Settlements
(a) Procedure
(1) Parties may stipulate to the resolution of any issue of law or fact or settle upon an acceptable disposition of a proceeding or some portion thereof with or without resolving material issues.
(2) Parties shall propose by written motion that the Commission adopt stipulations or settlements. Such motion shall be filed, along with supporting testimony, no later than ten (10) days prior to the scheduled date of the evidentiary hearing in that Docket. If the tenth day falls on a weekend or a state holiday, such settlement agreement and supporting testimony shall be filed on the last business day prior to the tenth day. The motion shall set forth the factual, legal, policy, and other considerations which form the basis for the Parties' recommendation that the stipulation or settlement be adopted, and shall be supported by written testimony.
(3) Whenever a Party does not join a proposed stipulation or settlement, such Party may respond to the motion as permitted under Rule 3.10 or applicable order. Such response shall set forth the factual, legal, policy, and other considerations which form the basis for that Party's opposition to the proposed stipulation or settlement or portions thereof.
(b) Commission Action Regarding Stipulation or Settlement
After consideration of a proposed stipulation or settlement, the Commission may, consistent with the public interest and without limitation:
(1) approve the proposed stipulation or settlement;
(2) reject the proposed stipulation or settlement and set the case for a full hearing;
(3) reject the proposed stipulation or settlement and grant the Parties additional time to renegotiate the stipulation or settlement and propose alternative terms acceptable to the Commission;
(4) modify the terms of the stipulation or settlement and allow the parties a reasonable time to accept the Commission's proposed modifications or request other relief; or
(5) take any other action it deems appropriate.

Credits

Adopted Jan. 1, 2014.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 126.03.1-4.10, AR ADC 126.03.1-4.10
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