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Arizona Law Arizona Revised Statutes Title 40Arizona Revised Statutes Title 40
Public Utilities and Carriers
| Chapter 1 | CORPORATION COMMISSION |
| Article 1 | In 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 |
| 40-103 | Corporation commission seal |
| 40-105 | Executive director; appointment; powers and duties |
| 40-106 | Legal services |
| 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 1 | Regulation by Corporation Commission |
| 40-201 | Definitions |
| 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 |
| Article 2 | Accounting |
| 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 3 | Investigations, 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 |
| 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 telecommunications markets |
| 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 |
| 40-255 | Precedence of actions |
| 40-256 | Time periods for rate decisions; calculation; simplified filing rules; interim rates and charges; definitions |
| Article 4 | Certificates 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 |
| 40-286 | Exemption from antitrust statutes |
| 40-287 | Value of certificated area |
| Article 5 | Stocks 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 6 | Service 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 |
| 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 6.1 | Conversion of Overhead Electric and Communication Facilities |
| 40-341 | Definitions |
| 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 |
| 40-356 | Nonseverability |
| Article 6.2 | Power Plant and Transmission Line Siting Committee |
| 40-360 | Definitions |
| 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 |
| 40-360.04 | Hearings; procedures |
| 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 |
| 40-360.09 | Filing fees; utility siting fund |
| 40-360.10 | Expenditure of funds |
| 40-360.11 | Jurisdiction of courts |
| 40-360.12 | Jurisdiction of the commission |
| 40-360.13 | Certificate of environmental compatability; availability of groundwater and impact on groundwater management plan |
| Article 6.3 | Underground Facilities |
| 40-360.21 | Definitions |
| 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; response; obliteration of marks; representative availability |
| 40-360.24 | Notice of damage to underground facility |
| 40-360.25 | Injunction; mandamus |
| 40-360.26 | Damage of underground facility; liability to owner; homeowner exemption |
| 40-360.27 | Liability for attorney's fee |
| 40-360.28 | Civil penalty; liability |
| 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 |
| Article 6.4 | High Voltage Power Lines and Safety Restrictions |
| 40-360.41 | Definitions |
| 40-360.42 | Activity near overhead line; safety restrictions |
| 40-360.43 | Activity in close proximity to lines; clearance arrangements; procedure; payment; notice |
| 40-360.44 | Violation; civil penalty |
| 40-360.45 | Exemptions |
| Article 7 | Rates 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 |
| Article 8 | Annual 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 9 | Violations 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 10 | Pipeline 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 11 | Residential Utility Consumer Office |
| 40-461 | Definitions |
| 40-462 | Residential utility consumer office; director |
| 40-464 | Powers and duties |
| Article 12 | Tampering With Utility Equipment and Service |
| 40-491 | Definitions |
| 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 1 | Organization, 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 2 | Rights 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 3 | Safety |
| 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 4 | Crew 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 |
| 40-886.02 | Featherbedding |
| Chapter 5 | UNCLAIMED FREIGHT OR BAGGAGE HELD BY COMMON CARRIER |
| Article 1 | In General |
| 40-1001 | Unclaimed freight or baggage |
| 40-1002 | Sale; notice; posting and publication |
| 40-1003 | Inspection; record of sale |
| 40-1004 | Proceeds of sale; disposition |
| 40-1005 | Perishable freight or baggage |
| Chapter 6 | URBAN MASS TRANSPORTATION SYSTEMS |
| Article 2 | Metropolitan Public Transit Authorities |
| 40-1111 | Definitions |
| 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 |
| 40-1117 | Condemnation privilege |
| 40-1118 | Exemption from taxation |
| Article 3 | Organization 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 |
| 40-1127 | Rates and charges |
| 40-1128 | Dissolution of authority |
| Article 4 | Financing for Metropolitan Public Transit Authority |
| 40-1131 | Bonds |
| 40-1132 | Power to secure bonds; reimbursement for advance |
| 40-1133 | Provision of bond resolution; covenants |
| 40-1134 | Validity of bonds |
| 40-1135 | Prior lien of bonds |
| 40-1136 | Bond obligations of the metropolitan public transit authority |
| 40-1137 | Bonds as legal investments |
| 40-1138 | Limitation on indebtedness |
| 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 |
| 40-1147 | Supplemental law |
| Article 5 | Intergovernmental Contract and Agreements for Public Transportation Services |
| 40-1151 | Definition |
| 40-1152 | Public transportation services; contracts and agreements; fares and service charges; educational institutions; financial grants |
| Chapter 7 | GAS APPLIANCES |
| Article 1 | General Provisions |
| 40-1201 | Definitions |
| 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 |
| 40-1206 | Injunction; parties |
| 40-1207 | Failure to comply with chapter; penalty |
Richard Keyt is a business, transactions, contracts, real estate, estate planning and internet law attorney licensed to practice law in Arizona. He has provided legal services to businesses and people in Arizona since 1980. Formerly a partner at one of the largest law firms in Arizona, Rick now provides big firm quality legal services at small firm rates. Rick can be reached by telephone at 602-906-4953, ext. 3, email at rickkeyt@keytlaw.com and fax at 602-297-6890. Rick's Arizona law, internet, e-commerce and domain name law web site is KEYTLaw, located at www.keytlaw.com. Communicating with Richard Keyt via email or otherwise does not cause you to become a client or cause your communications to be confidential or subject to the attorney client privilege.
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This page was last modified on May 27, 2009.
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