40-254. Action to set aside or modify certain orders of commission; filing; limitation; superior court
A. Except as provided in section 40-254.01, any party in interest, or the attorney general on behalf of the state, being dissatisfied with an order or decision of the commission, may within thirty days after a rehearing is denied or granted, and not afterwards, commence an action in the superior court in the county in which the commission has its office, against the commission as defendant, to vacate, set aside, affirm in part, reverse in part or remand with instructions to the commission such order or decision on the ground that the valuation, rate, joint rate, toll, fare, charge or finding, rule, classification or schedule, practice, demand, requirement, act or service provided in the order or decision is unlawful, or that any rule, practice, act or service provided in the order is unreasonable. The answer of the commission shall be served and filed within twenty days after service of the complaint, whereupon the action shall be at issue and ready for trial upon ten days' notice to either party. The action shall be tried and determined as other civil actions except as provided in this section.
B. If the commission rescinds the order complained of, the action shall be dismissed, and if the commission alters, modifies or amends the order, the altered, modified or amended order shall replace the original order complained of, and judgment shall be given thereon as though made by the commission in the first instance.
C. The trial shall conform, as nearly as possible, and except as otherwise prescribed by this section, to other trials in civil actions. Judgment shall be given affirming, modifying or setting aside the original or amended order.
D. Either party to the action, or the attorney general on behalf of the state, within thirty days after the judgment of the superior court is given, may appeal to the supreme court.
E. In all trials, actions and proceedings the burden of proof shall be upon the party adverse to the commission or seeking to vacate or set aside any determination or order of the commission to show by clear and satisfactory evidence that it is unreasonable or unlawful.
F. Except as provided by this section no court of this state shall have jurisdiction to enjoin, restrain, suspend, delay or review any order or decision of the commission, or to enjoin, restrain or interfere with the commission in the performance of its official duties, and the rules, orders or decrees fixed by the commission shall remain in force pending the decision of the courts, but a writ of mandamus shall lie from the supreme court to the commission in cases authorized by law.
Structure Arizona Revised Statutes
Title 40 - Public Utilities and Carriers
§ 40-101 - Interest of commissioner or employee prohibited in corporation subject to regulation
§ 40-103 - Corporation commission seal
§ 40-105 - Executive director; appointment; powers and duties
§ 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
§ 40-205 - Regulation of commercial flight operators by commission prohibited; definitions
§ 40-206 - Exemption of motor carriers
§ 40-209 - Franchises; electric generation suppliers; limitations
§ 40-210 - Contractors; requirements; prohibition; definition
§ 40-211 - Public service corporations; electronic filings
§ 40-212 - Internet protocol services; definitions
§ 40-213 - Electric charging providers; fees; definition
§ 40-222 - Depreciation accounting
§ 40-242 - Production of records kept without state
§ 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
§ 40-253 - Application for rehearing; hearing; effect; decision
§ 40-254.01 - Action to set aside or modify certain commission orders; limitation; court of appeals
§ 40-255 - Precedence of actions
§ 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
§ 40-286 - Exemption from antitrust statutes
§ 40-287 - Value of certificated area
§ 40-301 - Issuance of stocks and bonds; authorized purposes
§ 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
§ 40-328 - Duty of telephone and telegraph companies to handle messages of connecting companies
§ 40-336 - Power of commission to require safety devices
§ 40-337 - Power of commission over railway crossings
§ 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
§ 40-342 - Petitions of owners for cost study establishing an underground conversion service area
§ 40-344 - Hearing on petition; notice
§ 40-345 - Procedure for making and hearing protests and objections and withdrawing signatures
§ 40-347 - Establishment of conversion costs; apportionment of costs; method of payment
§ 40-349 - Permit or easement for conversion of service lines to be furnished by owner
§ 40-351 - Sale of property to satisfy lien
§ 40-353 - Application of article; reinstallation of overhead facilities prohibited
§ 40-355 - Franchises, charters and ordinances of local governments not affected
§ 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
§ 40-360.09 - Filing fees; utility siting fund
§ 40-360.10 - Expenditure of funds
§ 40-360.11 - Jurisdiction of courts
§ 40-360.12 - Jurisdiction of the commission
§ 40-360.24 - Notice of damage to underground facility
§ 40-360.25 - Injunction; mandamus
§ 40-360.26 - Damage of underground facility; liability to owner; homeowner and tenant exemption
§ 40-360.27 - Liability for attorney fees; administrative costs and expenses
§ 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; designated representatives
§ 40-360.42 - Activity near overhead line; safety restrictions
§ 40-360.44 - Violation; civil penalty
§ 40-360.53 - Utility facilities included in municipal and county plans
§ 40-360.54 - Effect on existing rights
§ 40-362 - Power of commission to investigate interstate rates
§ 40-365 - Filing of rate schedules by public service corporations
§ 40-367 - Changes of rates; notice; filing; exception
§ 40-368 - Sliding scale of charges
§ 40-370 - Water utility surcharges to recover operating costs; notice; definition
§ 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
§ 40-376 - Payment responsibility; private water companies; sewer corporations
§ 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
§ 40-406 - Exclusive procedure to determine legality of assessments and to recover assessments paid
§ 40-407 - Enforcement of payment; seizure and sale of property
§ 40-421 - Enforcement of laws relating to public service corporations
§ 40-424 - Contempt of corporation commission; penalty
§ 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
§ 40-441 - Commission safety regulations, rules and orders; definitions
§ 40-442 - Civil penalty for violation; deduction; other remedies
§ 40-462 - Residential utility consumer office; director
§ 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
§ 40-801 - Stock subscription required to form railroad corporation
§ 40-802 - Articles of incorporation
§ 40-805 - Records required to be kept by secretary
§ 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
§ 40-811 - Contracting debt exceeding means of corporation to pay; classification; validity of debt
§ 40-813 - Organization of new corporation on sale at foreclosure; powers
§ 40-814 - Duty of railroads to transport; liability for failure; exceptions
§ 40-831 - Right of way through public lands; appropriation of water
§ 40-832 - Right of way through lands of persons under disability
§ 40-841 - Duty of commission to prescribe standards of safety and safety devices
§ 40-842 - Service of complaint; answer; hearing; intervention
§ 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
§ 40-852 - 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
§ 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
§ 40-1001 - 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
§ 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
§ 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
§ 40-1128 - Dissolution of authority
§ 40-1132 - Power to secure bonds; reimbursement for advance
§ 40-1133 - Provision of bond resolution; covenants
§ 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
§ 40-1140 - 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
§ 40-1203 - Establishment of specifications for certification of intermittent ignition devices
§ 40-1204 - Duty of commission to notify affected manufacturers