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Rule 7. Record on Direct Appeal of Commission Decisions or Orders

Arizona Revised Statutes AnnotatedRules of Procedure for Direct Appeals from Decisions of the Corporation Commission to the Arizona Court of Appeals

Arizona Revised Statutes Annotated
Rules of Procedure for Direct Appeals from Decisions of the Corporation Commission to the Arizona Court of Appeals (Refs & Annos)
17B A.R.S. Rules Corporation Comm.Appeals, Rule 7
Rule 7. Record on Direct Appeal of Commission Decisions or Orders
(a) Composition of Commission Record on Direct Appeal. The record on direct appeal to the Court of Appeals shall be certified copies of the original papers, pleadings, exhibits, procedural orders, reporter's transcripts and all other documents comprising the entire record before the Commission when it entered the decision from which the direct appeal is taken and either granted or denied rehearing on that decision.
(b) Transmission of Record. The Commission docket clerk shall compile and number the items comprising the Commission's entire record and shall transmit the record to the Court of Appeals, together with an appropriate index listing the contents of the record and the number thereof, within forty-five days of issuance of a writ of review from the Clerk of the Court of Appeals to the Commission. The Court of Appeals, at its discretion, may extend the time for transmitting the record.
(c) Retention of Tangible Record by Commission or Party. Any portion of the Commission record that is comprised of tangible evidence, or paper of unusual size or character, shall not be transmitted as part of the record to the Court of Appeals. Instead, such items from the record shall be indexed by the Commission docket clerk, with a notation indicating where the record item is being retained. Any party to the direct appeal, or the Court of Appeals, on its own motion, may request that such items be made available for viewing by the Court.
(d) Inclusion of Record in Appendices. Any party to the direct appeal may include copies of any of the papers making up the record on direct appeal as an appendix to any of the briefs.
(e) Correction or Modification of the Record. If any controversy arises as to whether the record discloses what actually occurred in the Commission's proceedings, the difference shall be submitted to, and settled by the Commission, and the record made to conform to the truth. If anything material is omitted from the record by error or accident, or is misstated therein, the parties upon stipulation, or the Commission, upon motion (either before or after the record is transmitted to the Court of Appeals), may direct that the omission or misstatement be corrected. If appropriate, an amended record shall thereafter be transmitted to the Court of Appeals.
(f) Transcript Defined; Several Appeals; Inability to Provide Timely Transcript. “Transcript” for purposes of this rule shall refer to a reporter's transcript. When more than one direct appeal is taken from the same Commission decision, a single transcript shall be prepared. If a transcript cannot be obtained within the time limitations provided in this rule for transmission of the Commission record, application for relief may be made by the Commission to the Court of Appeals.
(g) Certification of Copies of Relevant Portions of Original Record for Preliminary Hearing in the Court of Appeals. If, prior to the time the record is transmitted, a party intends to file a motion for dismissal or a motion for any other intermediate order with the Court of Appeals, that party in filing such motion, or any other party in responding to such motion, shall attach thereto a copy of those portions of the original record as that party deems relevant. The Commission docket control clerk shall attach to said copy a certification stating that the attached portions of the record are accurate copies of the Commission record.

Credits

Added Dec. 12, 1991, effective Dec. 31, 1991.
17B A. R. S. Rules Corporation Comm. Appeals, Rule 7, AZ ST CORP COMM A Rule 7
Current with amendments received through 11/1/19
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