A. The attorney general on behalf of this state or any person that is dissatisfied with any order or decision of the governing body of the public power entity made in the course of a ratemaking or rate design process may file, within thirty days after a rehearing is denied or deemed denied, a notice of appeal in the court of appeals to vacate, set aside, affirm in whole or in part, reverse in part or remand with instructions to the governing body of the public power entity the order or decision if the court of appeals determines that it is unlawful, that it is not supported by substantial evidence or that the governing body abused its discretion.

Terms Used In Arizona Laws 30-809

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.

B. If the governing body of the public power entity rescinds the order complained of, the action shall be dismissed, and if the governing body of the public power entity alters, modifies or amends the order, the altered, modified or amended order shall replace the original order complained of, and judgment shall be given on the order as made by the governing body of the public power entity in the first instance.

C. The appellate procedure shall be pursuant to rules adopted by the supreme court. The rules shall conform, as nearly as possible, to the manner in which other appeals are undertaken including indicating the content of the record on review, the briefs to be filed and the time and manner for filing the briefs, record and other documents.

D. Any party to the action, or the attorney general on behalf of this state, may appeal to the supreme court as provided by law.

E. In all appeals taken pursuant to this section, the party adverse to the governing body of the public power entity or the party seeking to vacate or set aside an order of the governing body of the public power entity must show that the order or decision is unlawful, that it is not supported by substantial evidence or that the governing body abused its discretion.

F. Except as provided by this section, a court of this state does not have jurisdiction to enjoin, restrain, suspend, delay or review any order or decision of the governing body of the public power entity involving any public power entity and made in the course of a ratemaking or rate design process or to enjoin, restrain or interfere with the governing body of the public power entity in the performance of its official duties and the rules, orders or decrees fixed by the governing body of the public power entity remain in force pending the decision of the courts, but a writ of mandamus shall lie from the supreme court to the governing body of the public power entity in cases authorized by law.

  Previous section
Next section  
 Article 1 Contents