Rule 5. Appeal--How Taken
Arizona Revised Statutes AnnotatedRules of Procedure for Direct Appeals from Decisions of the Corporation Commission to the Arizona Court of Appeals
17B A.R.S. Rules Corporation Comm.Appeals, Rule 5
Rule 5. Appeal--How Taken
(a) Filing the Notice of Appeal; Appropriate Division for Filing. A direct appeal of a commission decision pursuant to A.R.S. § 40.254.01 shall be taken by filing a timely notice of direct appeal. The notice of direct appeal shall be filed with the Clerk of the Court of Appeals in the appropriate division, which will be determined as follows: Where one public service corporation participated in the administrative proceeding resulting in the direct appeal, the county of the principal office of the public service corporation shall determine, pursuant to A.R.S. § 12-120, the division that shall hear the direct appeal. Where multiple public service corporations participated in the administrative proceeding resulting in the direct appeal, and where their principal offices are located within different divisions, the notice of direct appeal may be filed in either division of the Court of Appeals. Cases may be transferred between divisions at the discretion of the Chief Judge or the Chief Justice.
After the notice of direct appeal has been filed, any party may make subsequent filings or submissions in either division of the Court of Appeals. Such filings or submissions will be effective on the date submitted. The Clerk of the receiving division will transmit the filing or submission to the proper division.
(b) Joint or Consolidated Appeals. If two or more persons are entitled to take a direct appeal of a Commission decision and their interests are such as to make joinder practicable, they may file a joint notice of direct appeal, or may join in direct appeal after filing separate, timely notices of direct appeal, and they may thereafter proceed on direct appeal as a single appellant. Direct appeals may be consolidated by order of the Court of Appeals upon its own motion or upon motion of a party, or by stipulation of the parties to the several direct appeals.
(c) Content of the Notice of Appeal. The notice of direct appeal of a Commission decision shall specify the party or parties taking the appeal and shall designate the Commission decision or part thereof appealed from. The appellant shall certify that the notice of direct appeal was served in accordance with the provisions of subsection 5(d) of this Rule. The Clerk of the Court of Appeals, at the time the appeal is docketed in compliance with Rule 8(a), shall issue a writ of review directing the Commission to certify its records, proceedings and evidence to the Court of Appeals in accordance with Rule 7 of these Rules.
(d) Service of the Notice of Appeal. In direct appeals of Commission decisions, the appellant, upon filing the notice of direct appeal, must also certify to the Clerk of the Court of Appeals that the notice of direct appeal was served on the Commission and on all parties to the proceeding before the Commission.
Added Dec. 12, 1991, effective Dec. 31, 1991. Amended July 7, 1992, effective Aug. 1, 1992.
17B A. R. S. Rules Corporation Comm. Appeals, Rule 5, AZ ST CORP COMM A Rule 5
Current with amendments received through 11/1/19
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