No. 30789: R746-100. Practice and Procedure Governing Formal Hearings

DAR File No.: 30789
Filed: 12/03/2007, 09:51
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized pursuant to Section 54-1-1 which requires the commission to exercise its rulemaking powers and Section 54-1-2.5 which establishes the requirements for commission procedure in Title 54, Chapter 7.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

In December 2003, the commission, on its own initiative, proposed to amend the existing rule. The purpose of this amendment was to modify or add to the existing rule to acknowledge practices which had evolved in administration of proceedings before the commission. It also changed the rule designation of consumer complaints as informal administrative proceedings under the Utah Administrative Procedures Act. It established time periods in which response and reply documents are to be filed with the commission. Joint comments were submitted by Qwest Corporation and Questar Gas Company. These two commentors generally supported the proposed changes; they made limited suggestions regarding wording for the proposed changes. The Utah Rural Telecom Association commented, cautioning that changing consumer complaints to formal proceedings could complicate resolution of these complaints. No comments were submitted opposing the rule or suggesting it be eliminated. The commission considered the comments submitted by the three entities and submitted a change to the proposed rule. In Subsection R746-100-2(O), "presiding officer" was added. In Subsection R746-100-4(D), Times for Filing, "business" days was changed to "calendar" days, and "filing date" was changed to "service" of the pleading or document. In Subsection R746-100-8(C)(2), reference to Rule 26(b)(4), Utah Rules of Civil Procedure, was added. In Subsection R746-100-10(E)(2), "to the commission or court" was deleted, and Subsections R746-100-10(I)(1) and (2) were added concerning scheduling and technical conferences and payment for recording such meetings. In Subsection R746-100-11(F), the filing time for review or rehearing was clarified; a reference was corrected; and language was added concerning petitions for reconsideration. In May of 2007, the commission solicited comments from members of the public, companies, and attorneys for their suggestions on possible changes, deletions, or additions that may be considered. A public meeting was held on 06/06/2007 where the commission identified some possible areas of modification to further goals of open access to its proceedings, accommodate new and developing technologies, and functionalities to improve the extent and ease of disseminating information provided by the commission. The commission's existing procedural rule permits individual customers to participate in proceedings. Commission practice of allowing self-representation has been challenged by some, claiming that representation through someone who is not an attorney deprives those so represented of their due process rights. Most comments received suggested that the commission continue to allow self-representation in commission proceedings. Additional comments were received, suggesting specific modifications to various sections of the rule, but none suggested elimination of the rule or opposition to the rule's continuation. Suggestions were made to again incorporate practices and procedures which had evolved in the Commission's adjudicative process or to suggest changes viewed as clarifications of certain procedural steps. Support was given to steps the commission could undertake to provide easier access to material filed with the commission and that created by the commission.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The commission took comments from 2003 into consideration and made changes to proposed amendments to the rule. No further action has been taken with the most current comments in 2007. Rule R746-100 is necessary. It establishes organized and efficient procedures and guidelines to be followed in commission hearings and in filing pleadings and other documents. It ensures consistency in the format of information, making research more efficient and effective, and should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at [e-mail]

Authorized by:

Sandy Mooy, Legal Counsel