Arizona 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
A person in the employ of, or holding an official relation to a corporation or person subject to regulation by the commission, or a...
- § 40-102 Corporation Commission Organization; Meetings; Acts Of Commission By Majority Or By Single Commissioner
A. The corporation commission shall elect from its membership a chairman. B. The commission shall hold a session at least once each month at...
- § 40-103 Corporation Commission Seal
The corporation commission shall have a seal bearing the inscription " Arizona Corporation Commission." The seal shall be affixed to all writs and authentications...
- § 40-105 Executive Director; Appointment; Powers And Duties
A. Subject to title 41, chapter 4, article 4, the corporation commission shall appoint an executive director, who shall have the power to serve...
- § 40-106 Legal Services
A. The attorney general shall be attorney for the securities division of the commission and the commission for matters arising out of securities division...
- § 40-108 Compensation Of Appointees And Employees
A. The compensation of corporation commission appointees and employees except as provided in section 40-408 shall be determined pursuant to section 38-611 and shall...
- § 40-109 Salaries And Expenses Of Corporation Commissioners
A. Each member of the corporation commission shall receive an annual salary pursuant to section 41-1904. B. Except as provided in section 40-408, all...
- § 40-110 Consumer Services Section
A consumer services section is established within the utilities division. The purpose of the section is to receive and investigate consumer complaints and to...
- § 40-112 Fees For Certification And Duplication
The following fees are payable to the commission and upon receipt of the fees the commission, pursuant to sections 35-146 and 35-147, shall deposit...
- § 40-113 Consumer Outreach And Education
A. In order to transition to competition for electric generation service, the commission's authority is confirmed to develop and oversee a comprehensive public education...
Chapter 2 PUBLIC SERVICE CORPORATIONS GENERALLY
Article 1 Regulation by Corporation Commission
- § 40-201 Definitions
In this chapter, unless the context otherwise requires: 1. " Ancillary services" means those services designated as ancillary services in federal energy regulatory commission...
- § 40-202 Supervising And Regulating Public Service Corporations; Telecommunications Promotion; Competitive Electricity Market; Rules; Duty To Comply; Exemptions For Electric Generation; Unlawful Practice
A. The commission may supervise and regulate every public service corporation in the state and do all things, whether specifically designated in this title...
- § 40-203 Power Of Commission To Determine And Prescribe Rates, Rules And Practices Of Public Service Corporations
When the commission finds that the rates, fares, tolls, rentals, charges or classifications, or any of them, demanded or collected by any public service...
- § 40-204 Reports By Public Service Corporations To Commission; Duty Of Corporation To Deliver Documents To Commission; Confidential Nature Of Information Furnished; Exception; Classification
A. Every public service corporation shall furnish to the commission, in the form and detail the commission prescribes, tabulations, computations, annual reports, monthly or...
- § 40-205 Regulation Of Commercial Flight Operators By Commission Prohibited; Definitions
A. Notwithstanding any other provision of law, the corporation commission may not regulate commercial flight operations or commercial flight operators. B. For purposes of...
- § 40-206 Exemption Of Motor Carriers
This chapter does not apply to motor carriers as defined in section 28-5851.
- § 40-207 Electricity Suppliers; Rules
A. An electricity supplier shall obtain a certificate from the commission before offering electricity for sale to retail electric customers in this state. B....
- § 40-208 Service Territories; Open Competition
After December 31, 2000 service territories established by a certificate of convenience and necessity shall be open to electric generation service competition for all...
- § 40-209 Franchises; Electric Generation Suppliers; Limitations
Regulation of electricity suppliers providing electric generation service is a matter of statewide concern. Cities, including charter cities, towns and counties shall not require...
- § 40-210 Contractors; Requirements; Prohibition; Definition
A. A contractor who is licensed by the registrar of contractors pursuant to title 32 is eligible to participate in a commission approved rebate...
Article 2 Accounting
Article 3 Investigations, Hearings and Appeals
- § 40-241 Power To Examine Records And Personnel Of Public Service Corporations; Filing Record Of Examination
A. The commission, each commissioner and person employed by the commission may, at any time, inspect the accounts, books, papers and documents of any...
- § 40-242 Production Of Records Kept Without State
The commission may require by order served on any public service corporation in the manner provided in this chapter for the service of orders,...
- § 40-243 Conduct Of Hearings And Investigations; Representation By Corporate Officer Or Employee; Arbitration
A. All hearings and investigations before the commission or a commissioner shall be governed by this article, and by rules of practice and procedure...
- § 40-244 Administration Of Oaths And Certification To Official Acts By Commissioners; Taking Of Depositions; Witness Fees And Mileage
A. Each commissioner may administer oaths and certify to all official acts. The commission, or a commissioner, or any party, may take depositions as...
- § 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
A. Copies of all official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner...
- § 40-246 Complaint Alleging Violation By Public Service Corporation Of Law Or Rule Or Order Of Commission; Exception; Joinder Of Complaints; Notice Of Hearing
A. Complaint may be made by the commission of its own motion, or by any person or association of persons by petition or complaint...
- § 40-247 Hearing; Process To Witnesses; Report Of Proceedings; Decision; Service Of Order
A. The complainant and the party complained of, and such persons as the commission allows to intervene, shall be heard in person or by...
- § 40-248 Reparation Of Overcharge; Action To Recover Overcharge; Limitations
A. When complaint is made to the commission concerning any rate, fare, toll, rental or charge made by any public service corporation, and the...
- § 40-249 Complaint By Public Service Corporation; Hearing
Any public service corporation shall have the same privilege to complain as is afforded other parties under this article, and the same procedure shall...
- § 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
A. No public service corporation shall raise any rate, fare, toll, rental or charge, or alter any classification, contract, practice, rule or regulation to...
- § 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
A. For the purpose of ascertaining matters concerning the valuation or revaluation of the property of public service corporations, the commission may conduct hearings...
- § 40-252 Rescission Or Amendment Of Orders By Commission; Collateral Attack On Final Orders Or Decisions Prohibited
The commission may at any time, upon notice to the corporation affected, and after opportunity to be heard as upon a complaint, rescind, alter...
- § 40-253 Application For Rehearing; Hearing; Effect; Decision
A. After any final order or decision is made by the commission, any party to the action or proceeding or the attorney general on...
- § 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...
- § 40-254.01 Action To Set Aside Or Modify Certain Commission Orders; Limitation; Court Of Appeals
A. The attorney general on behalf of the state or any party to a proceeding before the commission who is dissatisfied with any order...
- § 40-255 Precedence Of Actions
All actions and proceedings to which the commission or the state is a party, or in which the attorney general has been allowed to...
- § 40-256 Time Periods For Rate Decisions; Calculation; Simplified Filing Rules; Interim Rates And Charges; Definitions
A. From the date on which a utility's rate filing is determined to be sufficient in accordance with this section, the commission shall issue...
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
A. A public service corporation, other than a railroad, shall not begin construction of a street railroad, a line, plant, service or system, or...
- § 40-282 Application For Certificate; Hearing; Application Upon Contemplated Franchise
A. If the applicant for a certificate of convenience and necessity is a corporation, a certified copy of its articles of incorporation shall be...
- § 40-283 Transmission Lines; Use Of Public Streets For Utility Right‑of‑way; Notice; Election
A. Any person engaged in transportation or transmission business within the state may construct and operate lines connecting any points within the state and...
- § 40-284 Restrictions Upon Conduct Of Public Service Business By Foreign Corporations
A. A foreign corporation, unless authorized to transact a public service business within this state, shall not transact within the state any public service...
- § 40-285 Disposition Of Plant By Public Service Corporations; Acquisition Of Capital Stock Of Public Service Corporation By Other Public Service Corporations; Exemption
A. A public service corporation shall not sell, lease, assign, mortgage or otherwise dispose of or encumber the whole or any part of its...
- § 40-286 Exemption From Antitrust Statutes
The provisions of title 44, chapter 10, article 1, shall not apply to any conduct or activity of a public service corporation holding a...
- § 40-287 Value Of Certificated Area
Any portion of the certificated area of a private water company which does not contain an operating distribution system owned by the private water...
Article 5 Stocks and Bonds
- § 40-301 Issuance Of Stocks And Bonds; Authorized Purposes
A. The power of public service corporations to issue stocks and stock certificates, bonds, notes and other evidences of indebtedness, and to create liens...
- § 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
A. Before a public service corporation issues stocks and stock certificates, bonds, notes and other evidences of indebtedness, it shall first secure from the...
- § 40-303 Validity Of Stock Certificates Or Evidences Of Indebtedness; Violation Of Law Or Commission Authorizations; Classification
A. All stock and every stock certificate, and every bond, note or other evidence of indebtedness of a public service corporation, issued without a...
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; Surety; Utility Surety Fund
A. When the commission finds that the equipment, appliances, facilities or service of any public service corporation, or the methods of manufacture, distribution, transmission,...
- § 40-322 Regulation Of Public Service Corporations; Standards Of Service; Measurement Standards; Inspections By Commission
A. The commission may: 1. Ascertain and set just and reasonable standards, classifications, regulations, practices, measurements or service to be furnished and followed by...
- § 40-323 Commission Rules And Regulations To Regulate Time For Furnishing Services By Railroad And Telephone And Telegraph Companies; Uniformity Of Demurrage Charges
A. The commission may provide by rules and regulations: 1. The time within which all railroad corporations shall furnish, after demand therefor, cars, equipment...
- § 40-324 Power Of Commission To Order Changes In Service To Insure Adequate Service By Railroad
When the commission finds that any railroad or street railroad does not run a sufficient number of trains or cars, or possess or operate...
- § 40-325 Power Of Commission To Order Physical Connection Between Railroad Companies
When the commission finds that the public convenience and necessity will be served by having connections made between the tracks of any two or...
- § 40-326 Duty Of Railroad Company To Make Connection With Track Of Private Shipper; Conditions
A. Every railroad corporation, upon application of a shipper or receiver or contemplated shipper or receiver of freight for a connection between the railroad...
- § 40-327 Order By Commission For Connection Or Spur; Right To Connect To Private Track; Order To Company To Switch Cars Of Another Corporation
A. When the commission finds that application has been made by any person to a railroad corporation for a connection or spur which the...
- § 40-328 Duty Of Telephone And Telegraph Companies To Handle Messages Of Connecting Companies
Every telephone corporation and telegraph corporation operating in this state shall receive, transmit and deliver, without delay or discrimination, the conversations and messages of...
- § 40-329 Power Of Commission To Order Connections And Joint Rates Between Telephone Or Telegraph Companies
A. Whenever the commission finds that a physical connection can reasonably be made between the lines of two or more telephone or telegraph corporations...
- § 40-331 Power Of Commission To Order Additions, Improvements Or Changes In Plant Of Public Service Corporations; Additions Or Changes Made Jointly
A. When the commission finds that additions or improvements to or changes in the existing plant or physical properties of a public service corporation...
- § 40-332 Power Of Commission To Order Joint Use Of Facilities Belonging To Public Service Corporation
A. When the commission finds that public convenience and necessity require the use by one public service corporation of the equipment, or any part...
- § 40-334 Discrimination Between Persons, Localities Or Classes Of Service As To Rates, Charges, Service Or Facilities Prohibited
A. A public service corporation shall not, as to rates, charges, service, facilities or in any other respect, make or grant any preference or...
- § 40-335 Persons Who May Be Given Free Or Reduced Rates; Definitions; Carriage During Emergency; Annual Report Of Reduced Rate Carriage
A. No common carrier shall, directly or indirectly, issue, give or tender any free or reduced rate of transportation for passengers between points within...
- § 40-336 Power Of Commission To Require Safety Devices
The commission may by order, rule or regulation, require every public service corporation to maintain and operate its line, plant, system, equipment, and premises...
- § 40-337 Power Of Commission Over Railway Crossings
A. No public highway or street shall be constructed across the track of any railroad at grade, nor shall the track of any railroad...
- § 40-337.01 Installation Of Automatic Warning Devices; Agreements For Sharing Cost; Apportionment Of Cost
A. The commission may determine, after a public hearing, whether any particular crossing of a railroad and a public highway or street is sufficiently...
- § 40-337.02 Allocation Of Funds For Automatic Warning Signals At Railway Crossings
A. In each annual budget request prepared by the corporation commission, ten per cent, but not more than two hundred thousand dollars, of the...
- § 40-337.03 Determination Of Location Of Automatic Warning Signals
On or before February 15 of each year, the commission shall submit to the railroad involved and the city, county and department of transportation...
- § 40-338 Accidents On Property Of Public Service Corporations; Investigation; Report
A. The commission shall investigate the cause of all accidents upon the property of any public service corporation, or directly or indirectly arising from...
- § 40-339 Refusal Of Common Carrier To Receive Or Carry Passenger; Classification
A person, or any agent or officer of a corporation, doing business as a common carrier of passengers, who knowingly refuses, without just cause...
- § 40-340 Emergency Telephone Numbers; Use; Restrictions
A. To the extent permitted by law, the commission shall administer and regulate the assignment of three digit telephone numbers to protect the integrity...
Article 6.1 Conversion of Overhead Electric and Communication Facilities
- § 40-341 Definitions
In this article, unless the context otherwise requires: 1. " Clerk" means the clerk of the board of supervisors or any person or officer...
- § 40-342 Petitions Of Owners For Cost Study Establishing An Underground Conversion Service Area
A. In the event that not less than sixty per cent of the owners of contiguous real property within a reasonably compact area of...
- § 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
A. Within ninety days after the joint report referred to in section 40-342 is made available to the petitioners, not less than sixty per...
- § 40-344 Hearing On Petition; Notice
A. Upon receipt of a petition to establish an underground conversion service area, the corporation commission, board of supervisors or city or town council...
- § 40-345 Procedure For Making And Hearing Protests And Objections And Withdrawing Signatures
In determining protests, withdrawals of signatures and objections, the corporation commission, the board of supervisors or the city or town council shall be guided...
- § 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
A. The corporation commission, board of supervisors or city or town council, as the case may be, shall hold a hearing, upon notice as...
- § 40-347 Establishment Of Conversion Costs; Apportionment Of Costs; Method Of Payment
A. The order authorizing the establishment of the underground conversion service area shall authorize each public service corporation or public agency whose overhead electric...
- § 40-348 Conversion Of Service Lines On Owner's Property; Payment; Notice Of Disconnection To Owner
A. The service facilities within the boundaries of each lot or parcel within an underground conversion service area shall be placed underground at the...
- § 40-349 Permit Or Easement For Conversion Of Service Lines To Be Furnished By Owner
A. The public service corporation or corporations or public agency or agencies shall not commence the work referred to in section 40-348 on property...
- § 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
A. Upon completion of the conversion of the overhead electric and communication facilities, the public service corporation or public agency shall determine the total...
- § 40-351 Sale Of Property To Satisfy Lien
No sale of property to satisfy a lien granted under the provisions of this article shall be made except upon judgment of foreclosure and...
- § 40-352 Relocation Of Underground Facilities; Public Service Corporation Or Public Agency To Be Reimbursed For Cost Thereof
When facilities converted to underground pursuant to this article are thereafter moved, relocated or removed to avoid interference with public works or improvements, the...
- § 40-353 Application Of Article; Reinstallation Of Overhead Facilities Prohibited
A. The provisions of this article shall apply only to the relocation underground of existing utilities. B. Once removed, no overhead electric or communication...
- § 40-354 No Extension Of Corporation Commission Jurisdiction To Public Agencies Or Cable Television Systems
Nothing contained in this article shall vest any jurisdiction over public agencies or cable television systems in the Arizona corporation commission.
- § 40-355 Franchises, Charters And Ordinances Of Local Governments Not Affected
The provisions of this article shall be supplemental and cumulative of existing rights, laws, local charters, ordinances and franchises and shall not be deemed...
- § 40-356 Nonseverability
If any provision of this article be held invalid, such invalidity shall invalidate this article in its entirety, and to this end the provisions...
Article 6.2 Power Plant and Transmission Line Siting Committee
- § 40-360 Definitions
In this article, unless the context otherwise requires: 1. " Area of jurisdiction" means the state, a county or an incorporated city or town...
- § 40-360.01 Organization And Membership Of The Committee
A. The commission shall establish a power plant and transmission line siting committee of Arizona. B. The committee shall consist of the following members:...
- § 40-360.02 Plans; Filing; Failure To Comply; Classification
A. Every person contemplating construction of any transmission line within the state during any ten year period shall file a ten year plan with...
- § 40-360.03 Applications Prior To Construction Of Facilities
Every utility planning to construct a plant, transmission line or both in this state shall first file with the commission an application for a...
- § 40-360.04 Hearings; Procedures
A. The chairman of the committee shall, within ten days after receiving an application, provide public notice as to the time and place of...
- § 40-360.05 Parties To Certification Proceedings
A. The parties to a certification proceeding shall include: 1. The applicant. 2. Each county and municipal government and state agency interested in the...
- § 40-360.06 Factors To Be Considered In Issuing A Certificate Of Environmental Compatibility
A. The committee may approve or deny an application and may impose reasonable conditions on the issuance of a certificate of environmental compatibility and...
- § 40-360.07 Compliance By Utility; Commission Order
A. No utility may construct a plant or transmission line within this state until it has received a certificate of environmental compatibility from the...
- § 40-360.08 Transfer Of Certificate; Compliance By Committee; Commission And Review Panel; Authorization To Construct
A. Subject to such limitations and conditions as may otherwise be prescribed by law, a certificate may be transferred to any electric company or...
- § 40-360.09 Filing Fees; Utility Siting Fund
The fee to be paid for each application is as follows and shall be paid to the committee for deposit, pursuant to sections 35-146...
- § 40-360.10 Expenditure Of Funds
The commission, upon receipt of a detailed accounting of the committee's expenses, shall approve and pay the following: 1. The cost of reporting and...
- § 40-360.11 Jurisdiction Of Courts
Subject to the rights to judicial review recognized in sections 40-254 and 40-360.07, no court in this state has jurisdiction to hear or determine...
- § 40-360.12 Jurisdiction Of The Commission
Except as specifically provided for in this article nothing in this article shall confer upon the commission the power or jurisdiction to regulate or...
- § 40-360.13 Certificate Of Environmental Compatability; Availability Of Groundwater And Impact On Groundwater Management Plan
For facilities subject to the requirements of this article within the service area of a city or town in an active management area, as...
Article 6.3 Underground Facilities
- § 40-360.21 Definitions
In this article, unless the context otherwise requires: 1. " Abandoned" means no longer in service and physically disconnected from a portion of the...
- § 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
A. A person shall not make or begin any excavation in any public street, alley, right-of-way dedicated to the public use or public utility...
- § 40-360.23 Making Excavation In Careful, Prudent Manner; Liability For Negligence; Notice; Obliteration Of Marks
A. Except as otherwise provided in section 40-360.28, subsection E, obtaining information as required by this article does not excuse any person making any...
- § 40-360.24 Notice Of Damage To Underground Facility
A. In the event of any damage to or dislocation of any underground facility or detectible underground location device in connection with any excavation...
- § 40-360.25 Injunction; Mandamus
A. If any person is engaging in excavation in violation of this article and the violation has resulted in or is likely to result...
- § 40-360.26 Damage Of Underground Facility; Liability To Owner; Homeowner And Tenant Exemption
A. If any underground facility is damaged by any person in violation of this article as a result of failing to obtain information as...
- § 40-360.27 Liability For Attorney Fees; Administrative Costs And Expenses
The prevailing party in an action brought to impose liability under any section of this article or to have any act or omission stopped...
- § 40-360.28 Civil Penalty; Liability
A. Except as provided in section 40-360.22, subsection M, a person who violates any provision of this article is subject to a civil penalty...
- § 40-360.29 Charters And Ordinances Of Governments Not Affected; Preemption
A. Except as provided in subsection B, the provisions of this article shall be cumulative and supplemental to other provisions of law or charter...
- § 40-360.30 Installation Records Of Underground Facilities
A. Except as otherwise provided in this subsection, for all new underground facilities, excluding service drops and service lines, installed after December 31, 1988...
- § 40-360.31 Routine Road Maintenance; Prior Notification
A. Prior to performing routine road maintenance grading as defined in section 40-360.21, the state or the political subdivision performing the routine road maintenance...
- § 40-360.32 One‑call Notification Center Membership; Termination; Designated Representatives
A. Every landlord, without charge to the landlord, shall file with a one-call notification center the property name, property address, contact name or job...
Article 6.4 High Voltage Power Lines and Safety Restrictions
Article 6.5 Utility Planning
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
A. Charges demanded or received by a public service corporation for any commodity or service shall be just and reasonable. Every unjust or unreasonable...
- § 40-362 Power Of Commission To Investigate Interstate Rates
A. The commission may investigate all existing or proposed interstate rates, fares, tolls, charges and classifications, and all rules and practices in relation thereto,...
- § 40-365 Filing Of Rate Schedules By Public Service Corporations
Under rules and regulations the commission prescribes, every public service corporation shall file with the commission, and shall print and keep open to public...
- § 40-366 Names Of Parties To Joint Schedule Required On Schedule; Filing Required By Only One Party With Concurrence Of Other Parties
A. The names of the several public service corporations which are parties to any joint tariff, rate, fare, toll, contract, classification or charge shall...
- § 40-367 Changes Of Rates; Notice; Filing; Exception
A. No change shall be made by any public service corporation in any rate, fare, toll, rental, charge or classification, or in any rule,...
- § 40-368 Sliding Scale Of Charges
A. Any person engaged in the production, generation, transmission or furnishing of heat, cold air, light, sewer service, water or power, or telegraph or...
- § 40-369 Limitations On Relative Charges By Telephone And Telegraph Companies For Long And Short Distance Messages
A. A telephone or telegraph corporation shall not charge or receive any greater compensation in the aggregate for transmission of a long distance message...
- § 40-370 Water Utility Surcharges To Recover Operating Costs; Notice; Definition
A. Subject to the limitations provided in subsection D, the commission shall authorize water utilities to recover increases in specific operating costs by means...
- § 40-371 Limitation Of Passenger Fares To Three Cents Per Mile; Exceptions; Violation; Classification
A. A company or corporation operating a railroad, other than a street or electric railroad, in whole or in part within this state, shall...
- § 40-372 Street Railways; Fares; Transfers
A. A street or interurban railroad shall not charge or receive more than five cents for one continuous ride in the same general direction...
- § 40-373 Permitting Or Obtaining Transportation At Less Than Schedule Rates Prohibited
A. A common carrier shall not, by means of known false billing, classification, weight, weighing or report of weight, or by any other device...
- § 40-374 Prohibition Of Rebates And Agreements
Except as otherwise provided in this chapter, no public service corporation shall charge, demand, collect or receive a greater, less, or different compensation for...
- § 40-375 Fraudulent Means Or Attempts To Obtain Rebate Or Damage Prohibited
No person shall knowingly, directly or indirectly, by any false statement or representation as to cost or value, or the nature or extent of...
- § 40-376 Payment Responsibility; Private Water Companies; Sewer Corporations
For residential property of four or fewer units, a private water company or sewer corporation may not require payment of unpaid water and wastewater...
Article 8 Annual Assessments
Article 9 Violations and Penalties
- § 40-421 Enforcement Of Laws Relating To Public Service Corporations
A. The commission shall require that the laws affecting public service corporations, the enforcement of which is not specifically vested in some other officer...
- § 40-422 Action By Commission To Enjoin Violations Or Threatened Violations; Venue; Time For Answer; Joinder Of Parties
A. When the commission is of the opinion that a public service corporation is failing or about to fail to do anything required of...
- § 40-423 Liability Of Public Service Corporation To Persons For Injury Resulting From Violation Of Chapter
A. If any public service corporation does or permits to be done anything forbidden or declared to be unlawful, or omits to do anything...
- § 40-424 Contempt Of Corporation Commission; Penalty
A. If any corporation or person fails to observe or comply with any order, rule, or requirement of the commission or any commissioner, the...
- § 40-425 Penalty For Violations Not Otherwise Provided For; Separate And Continuing Offenses; Responsibility Of Corporation For Acts Of Officers, Agents Or Employees
A. Any public service corporation which violates or fails to comply with any provision of the constitution or of this chapter, or which fails...
- § 40-426 Violations By Officers, Agents Or Employees Of Public Service Corporations; Classification
Every officer, agent or employee of a public service corporation, who violates or fails to comply with, or procures any violation by a public...
- § 40-427 Violations By Corporations Other Than Public Service Corporations; Violations By Officers, Agents Or Employees Of Corporations Other Than Public Service Corporations; Classification
A. Every corporation, other than a public service corporation, which violates any provisions of this chapter, or which fails to obey or comply with...
- § 40-428 Cumulative Nature Of Penalties
A. This chapter shall not release or waive any right of action by the state, the commission or any person for any right, penalty...
- § 40-429 Actions To Recover Penalties; Venue
Actions to recover penalties under this chapter shall be brought by the commission in the name of the state in a court of competent...
- § 40-430 Limitations On Requiring Bond Of Employees By Common Carrier; Violation; Classification
A. A common carrier doing business in this state requiring an employee to give a bond or undertaking of any nature, shall not require...
- § 40-431 Preventing Officer Or Agent Of Public Service Corporation From Examining Property; Violation; Classification
A. A duly appointed and authorized officer or agent of a public service corporation may, at all reasonable times, upon exhibiting written authority signed...
- § 40-432 Agent Or Employee Of Telegraph Or Telephone Company Using Information Contained In Message; Classification
An agent, operator or employee of a telegraph or telephone operator who knowingly in any way uses or appropriates information derived by him from...
- § 40-433 Agent Or Employee Of Telegraph Or Telephone Company Failing Or Refusing To Send Or Deliver Message; Classification
An agent, operator or employee of a telegraph or telephone office who knowingly fails or refuses to send a lawful and prepaid message received...
Article 10 Pipeline Safety
Article 11 Residential Utility Consumer Office
- § 40-461 Definitions
In this article, unless the context otherwise requires: 1. " Director" means the director of the residential utility consumer office. 2. " Office" means...
- § 40-462 Residential Utility Consumer Office; Director
A. A residential utility consumer office is established to represent the interests of residential utility consumers in regulatory proceedings involving public service corporations before...
- § 40-464 Powers And Duties
A. The director may: 1. Research, study and analyze residential utility consumer interests. 2. Prepare and present briefs, arguments, proposed rates or orders and...
Article 12 Tampering With Utility Equipment and Service
Chapter 4 RAILROADS
Article 1 Organization, General Powers and Duties
- § 40-801 Stock Subscription Required To Form Railroad Corporation
When capital stock of at least one thousand dollars for each mile of a proposed railroad is subscribed by not fewer than five persons...
- § 40-802 Articles Of Incorporation
The articles of a railroad corporation formed under this article shall contain: 1. Name of corporation. 2. Duration of corporation, whether permanent or for...
- § 40-803 Filing And Recording Articles; Commencement Of Business; Amendment Of Articles To Provide For Perpetual Existence
A. The articles of incorporation of a railroad corporation formed under the provisions of this article shall be filed, published and recorded, and a...
- § 40-804 Organization Of Board Of Directors; Officers; Adoption Of By‑laws By Directors; Ratification By Shareholders
A. The directors named in the articles of incorporation of a railroad corporation formed under this article shall meet and organize as a board...
- § 40-805 Records Required To Be Kept By Secretary
The secretary shall keep: 1. A record of the meetings of stockholders and directors, of all contracts entered into by the board of directors,...
- § 40-806 Call For Installments On Stock Subscriptions; Notice; Action To Collect From Defaulting Subscriber
The directors may make calls on stock subscriptions in installments of not more than ten per cent per month, unless otherwise stipulated in the...
- § 40-807 Certification By President And Secretary Of Paid‑in Capital Stock
The president and secretary, within thirty days after payment of the last installment of the capital stock as fixed and limited by the company,...
- § 40-808 General Powers Of Railroad Corporations
A. Railroad corporations may: 1. Sue and be sued. 2. Make contracts. 3. Acquire by purchase or gift, hold, and convey all property necessary...
- § 40-809 Specific Powers Of Railroad Corporations
A. Railroad corporations may: 1. Make surveys and select routes for railroad and telegraph lines, and for that purpose, enter upon private and public...
- § 40-810 Power To Borrow Money; Issuance Of Notes And Bonds; Mortgage Of Property And Franchise; Sinking Fund To Redeem Bonds
A. Railroad companies may borrow amounts of money they deem necessary for constructing and completing railroads and may issue and dispose of bonds or...
- § 40-811 Contracting Debt Exceeding Means Of Corporation To Pay; Classification; Validity Of Debt
A. Every officer, agent or stockholder of a railroad company, who knowingly assents to or has any agency in contracting a debt by or...
- § 40-812 Extension Of Lines; Purchase Of Property And Franchise Of Another Railroad Company; Sale Of Property; Limitations; Consolidations; Exceptions
A. Any railroad corporation operating in this state may extend its line of railroad into or through any other state or foreign country, and...
- § 40-813 Organization Of New Corporation On Sale At Foreclosure; Powers
A. When property of any railroad corporation located in this state is sold by virtue of a mortgage or deed of trust, pursuant to...
- § 40-814 Duty Of Railroads To Transport; Liability For Failure; Exceptions
A. Railroad corporations shall: 1. Start and run cars for the transportation of persons and property at regular and fixed times. 2. Furnish sufficient...
- § 40-815 Establishment Or Maintenance Of Employee Association Involving Compulsory Membership Or Waiver Of Rights Prohibited
A person operating a railway in this state shall not establish or maintain a relief association or society the rules or by-laws of which...
Article 2 Rights of Way and Acquisition of Land
Article 3 Safety
Article 4 Crew Requirements
Chapter 5 UNCLAIMED FREIGHT OR BAGGAGE HELD BY COMMON CARRIER
Article 1 In General
Chapter 6 URBAN MASS TRANSPORTATION SYSTEMS
Article 2 Metropolitan Public Transit Authorities
Article 3 Organization and Powers of Metropolitan Public Transit Authority
- § 40-1121 Board Of Directors Of Authority; Qualifications; Appointment; Terms; Oath; Meetings; Compensation
A. All powers, privileges and duties vested in a metropolitan public transit authority shall be administered by a board of directors consisting of at...
- § 40-1122 Powers And Duties Of The Board
A. The board of directors shall: 1. Be the governing body of the authority and, in compliance with the provisions of this article, shall...
- § 40-1123 Officers And Employees Of Authority
A. Officers of an authority may consist of the board of directors, and a general manager, a general counsel, a treasurer and a comptroller,...
- § 40-1124 General Powers Of An Authority
A metropolitan public transit authority may: 1. Sue and be sued. 2. Adopt a corporate seal. 3. Take by grant, purchase, bequest, devise, or...
- § 40-1125 Cooperation With State Or Other Agencies
An authority may cooperate with and enter into agreements with the state of Arizona or any public agency for the acquisition, construction, improvement, completion,...
- § 40-1126 Cooperation With Federal Government
An authority may contract for and cooperate with and may accept grants, contributions, or loans directly through the sale of securities or equipment, trust...
- § 40-1127 Rates And Charges
The rates and charges for service furnished pursuant to this article shall be determined by vote of the majority of all of the members...
- § 40-1128 Dissolution Of Authority
Whenever the board of directors of an authority, by resolution, determines that the purposes for which the authority was formed have been substantially complied...
Article 4 Financing for Metropolitan Public Transit Authority
- § 40-1131 Bonds
A. For the purpose of acquiring, improving, enlarging or extending a transit system, the authority may issue self-liquidating revenue bonds. Bonds issued under this...
- § 40-1132 Power To Secure Bonds; Reimbursement For Advance
A. The board, in connection with the issuance of bonds and in order to secure the payment of the bonds and the interest thereon,...
- § 40-1133 Provision Of Bond Resolution; Covenants
A. A resolution pertaining to issuance of bonds under this article may contain covenants as to: 1. The purpose to which the proceeds of...
- § 40-1134 Validity Of Bonds
A. Bonds issued under this article and bearing the signatures of officers in office on the date of the signing thereof shall be valid...
- § 40-1135 Prior Lien Of Bonds
A. Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this article shall have a prior...
- § 40-1136 Bond Obligations Of The Metropolitan Public Transit Authority
All bonds issued pursuant to this article shall be obligations of the authority issuing such bonds, and payable only in accordance with the terms...
- § 40-1137 Bonds As Legal Investments
Bonds issued under the provisions of this article are made securities in which all public officers and bodies of the state and all municipalities...
- § 40-1138 Limitation On Indebtedness
An authority shall not incur an indebtedness which exceeds one million dollars. As used in this section, " indebtedness" includes, without limitation, any and...
- § 40-1139 Annual Financial Statement Of Authority; Estimate Of Expenses; Notice Of Hearing On Estimate
A. The board of directors of each metropolitan public transit authority, on or before the third Monday in July each year, shall prepare a...
- § 40-1140 Hearing On Estimates; Adoption Of Proposed Budget
A. The board of directors of each metropolitan public transit authority shall meet on the day designated in the notice provided by subsection D...
- § 40-1141 Metropolitan Public Transit Authority Levy
The board of supervisors of each county where a metropolitan public transit authority has been established shall annually, at the time of levying other...
- § 40-1142 Investment Of Funds By Board
The board may, by resolution, order that any of the monies in the funds under its control which are not necessary for current operating...
- § 40-1143 Bids Required By Board; Exception
The purchase of all supplies, equipment and materials, and construction facilities and works, when the expenditure required exceeds two thousand five hundred dollars shall...
- § 40-1144 Claims Against The Authority
Every claim against an authority for damages or injuries alleged to have been caused by the negligent act or omission of the authority shall...
- § 40-1146 Certification Of Bonds And Approval Of Contracts By Attorney General
A. The board may submit to the attorney general of this state any bonds to be issued under this article after all proceedings for...
- § 40-1147 Supplemental Law
The powers conferred by articles 2, 3 and 4 of this chapter shall be in addition to and supplemental to the powers conferred by...
Article 5 Intergovernmental Contract and Agreements for Public Transportation Services
Chapter 7 GAS APPLIANCES
Article 1 General Provisions
Last modified: October 13, 2016