§ 40-611 — Financing order; application for rehearing; judicial review

Arizona § 40-611

• Jurisdiction: Arizona
• Title 40: Arizona Revised Statutes
• Ch. 3: UTILITY SECURITIZATION
• Art. 1: General Provisions

Text

A. A party to the proceeding who is dissatisfied with a commission decision as to an application for a financing order under this chapter or the attorney general on behalf of this state may apply to the commission for rehearing in accordance with section 40-253. The application for rehearing shall be filed not later than twenty days after a commission decision on an application for a financing order. If the commission does not grant the application for rehearing within twenty days after the application is filed, the application is deemed denied.

B. Sections 40-254 and 40-254.01 do not apply to any claims arising under this chapter.

C. Within ten days after a rehearing is denied or granted and not afterwards, a party that files a rehearing application pursuant to subsection A of this section may file, in the superior court in the county in which the commission has its office, an action that seeks to vacate, set aside, affirm in part, reverse in part or remand the commission's decision regarding the financing application. The time for bringing any action authorized by this subsection may not be tolled or extended for any reason.

D. A party that seeks to vacate, set aside or otherwise challenge a financing order or other commission decision under this chapter, in whole or in part, bears the burden of proof. In an action that challenges a financing order or other decision that resulted from an application for an order, relief may be awarded only if the superior court determines, based on clear and satisfactory evidence, that either of the following applies:

1. The financing order or other commission decision under this chapter is unlawful.

2. The factual findings made in the financing order or other commission decision under this chapter is unsupported by the application or evidence in the proceeding before the commission.

E. Within sixty days after the filing of the action, the superior court shall hear and issue a decision on the matter. The superior court may extend this time for not more than thirty days for good cause.

F. A party may appeal a decision in an action filed under this section only to the supreme court. The party shall file the notice of appeal within five days after the decision of the superior court in the action. The time for filing the notice of appeal may not be tolled or extended for any reason. The supreme court shall issue a decision on the appeal promptly.

G. Except as otherwise provided by this section, a court in this state does not have jurisdiction to review, enjoin, restrain, suspend, stay or delay any of the following:

1. A financing order.

2. The creation of transition property.

3. The issuance of transition bonds.

4. The commission's performance of its duties under this chapter.

H. The orders or decrees that are fixed by the commission pursuant to this chapter shall remain in force pending the decision of the court.