Home Table of Contents

126.03.1-4.14. Rehearing

AR ADC 126.03.1-4.14Arkansas 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 126.03.1-4.14
126.03.1-4.14. Rehearing
Currentness
(a) Rehearing of any Commission order shall be pursuant to Ark. Code Ann. § 23-2-422.
(b) If any Party applies for a rehearing based in whole or in part on additional evidence which was not a part of the original record, the Party shall:
(1) provide good cause for omitting the evidence from the original record;
(2) show that such evidence will not be merely cumulative; and
(3) state in detail in the application:
(A) the name and identification of the witness and the subject matter of the proposed testimony if the additional evidence is proposed as testimony; and
(B) a description of any proposed exhibits if the additional evidence is proposed as exhibits.
This proposed additional evidence shall not be filed with the application. The proposed additional evidence shall not be filed or considered unless ordered by the Commission.
(c) Any Party may file a response to an application for rehearing within ten (10) days after the filing of the application; however, the Commission may rule upon an application at any time, regardless of the timing of a response by other parties.
(d) In response to an application for rehearing, the Commission may:
(1) uphold the order without modification;
(2) modify or clarify the order without further hearing based upon the existing record;
(3) upon notice to the Parties, reopen the Docket for the receipt of further evidence on particular issues;
(4) reverse the order in whole or in part;
(5) issue an order granting rehearing solely for the purpose of further consideration; or
(6) take any other action it deems appropriate.
(e) If the Commission issues an order granting rehearing “solely for the purpose of further consideration” (Limited Rehearing Order) prior to the thirty-day (30) period established by Ark. Code Ann. § 23-2-422, the application for rehearing shall not be deemed denied. However, if the Commission does not, within sixty (60) days of the Limited Rehearing Order, issue an order granting or denying the requested rehearing or setting a hearing on the request, the application for rehearing shall be deemed denied, for purposes of Ark. Code Ann. §§ 23-2-422 and 423.

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 126.03.1-4.14, AR ADC 126.03.1-4.14
End of Document