Ariz. Admin. Code § R14-3-204 - Intervention
A. Any person
entitled by A.R.S. §
40-360.05(A) or (C) to become a party to a certification
proceeding shall file with the Director of Utilities 25 copies of a notice of
intent to be a party, not less than ten days before the date set for the
hearing. The notice of intent shall recite the interest of the person in the
proceedings.
B. Any person entitled
by A.R.S. §
40-360.05(B) to make a limited appearance in a
certification proceeding shall file with the Director of Utilities three copies
of a statement in writing, not less than five days before the date set for the
hearing, which statement shall set forth its interest in the
proceedings.
C. Persons making a
limited appearance pursuant to A.R.S. §
40-360.05(B) shall not be parties for the purposes of
these proceedings.
D. The Presiding
Officer may, upon his own motion and notice to all parties to the proceeding
ten days prior to the date set for hearing, designate, as he deems appropriate,
additional persons as parties to the proceeding. The notice shall set forth the
reasons for making such designation.
E. Upon the filing of a notice of intent or
statement in writing provided for in
R14-3-204, the
Director of Utilities shall serve each member of the Committee with a copy
thereof in the manner provided in
R14-3-203(B) .
A copy of the notice or statement shall be made available upon request to each
party to the proceeding.
F. No
notice of intent to be a party, or statement, shall be accepted for filing by
the Director of Utilities after expiration of the time periods set forth in
R14-3-204.
G. When it becomes
apparent to the Presiding Officer that an issue exists with respect to whether
an ordinance, master plan or regulation of the state, a county or an
incorporated city or town is unreasonably restrictive and compliance therewith
is not feasible in view of technology available, he shall promptly serve
written notice of such fact upon the chief executive officer of the area of
jurisdiction affected and shall inform all other parties to the proceedings.
Notwithstanding any provision of law or these Rules of Practice and Procedure
to the contrary, the Presiding Officer shall make such area of jurisdiction a
party to the proceedings upon request filed within ten days of said notice, and
upon becoming a party, evidence on such issue shall be taken during the course
of the hearing. If the hearing is otherwise completed, it shall be continued
until the time for such appearance expires or evidence is taken whichever first
occurs.
Effective 2-70.
Notes
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