(1) |
Informal resolution, by agreement of the parties, of matters before the commission is encouraged as a means to:
Terms Used In Utah Code 54-7-1- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Commissioner: means a member of the commission. See Utah Code 54-2-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a) |
resolve disputes while minimizing the time and expense that is expended by:
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(b) |
enhance administrative efficiency; or |
(c) |
enhance the regulatory process by allowing the commission to concentrate on those issues that adverse parties cannot otherwise resolve. |
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(2) |
(a) |
The commission may approve any agreement after considering the interests of the public and other affected persons to use a settlement proposal to resolve a disputed matter. |
(b) |
The commission shall reserve to the parties the right to maintain appropriate confidentiality in the negotiation process even when the commission uses a settlement proposal to resolve a disputed matter. |
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(3) |
(a) |
At any time before or during an adjudicative proceeding before the commission, the parties, between themselves or with the commission or a commissioner, may engage in settlement conferences and negotiations. |
(b) |
In accordance with this Subsection (3), the commission may adopt any settlement proposal entered into by two or more of the parties to an adjudicative proceeding. |
(c) |
The commission shall notify all parties to an adjudicative proceeding of the terms of any settlement proposal related to the adjudicative proceeding. |
(d) |
(i) |
The commission may adopt a settlement proposal if:
(A) |
the commission finds that the settlement proposal is just and reasonable in result; and |
(B) |
the evidence, contained in the record, supports a finding that the settlement proposal is just and reasonable in result. |
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(ii) |
When considering whether to adopt a settlement proposal, the commission shall consider the significant and material facts related to the case. |
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(e) |
(i) |
The commission may adopt a settlement proposal related to an adjudicative proceeding at any stage of the adjudicative procedure. |
(ii) |
The commission shall conduct a hearing before adopting a settlement proposal if requested by:
(A) |
any party initiating the adjudicative proceeding; |
(B) |
any party against whom the adjudicative proceeding is initiated; or |
(C) |
an intervening party to the adjudicative proceeding. |
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(f) |
The commission shall accept or reject a settlement proposal within a reasonable time. |
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(4) |
In cases or procedures involving rate increases as defined in Section 54-7-12, the commission may limit the factors and issues to be considered in its determination of just and reasonable rates. |
Amended by Chapter 200, 2003 General Session