Ariz. Admin. Code § R14-3-213 - Decision of committee and certificate
A. The Committee shall review and consider
the transcript and record of the hearing or hearings and shall by a written
decision of a majority of the members and notice to all parties issue or deny a
certificate or environmental compatibility within 180 days after the date upon
which the application has been received by the chairman, except where
additional time is otherwise provided for herein or by stipulation or
waiver.
B. Upon request of a
majority of the Committee, the parties to a certification proceeding may be
requested to file briefs with the Committee. Each brief should contain an
abstract of the evidence relied upon and requests for such specific findings as
the party thinks the Committee should make. Briefs not filed with the Committee
and served on or before the dates fixed therefor will not be received except by
special permission of the chairman. All briefs must be accompanied by notice
showing service upon all other parties and 20 copies of each brief shall be
furnished for the use of the Committee.
C. If oral argument is requested by a
majority of the Committee, the chairman shall notify all parties and shall
arrange for the Committee to hear the argument within such limits of time as he
may determine.
D. Any member or
members of the Committee may prepare for the record separate written opinions
setting forth their disagreement or concurrence with the written decision of
the majority of the Committee. Such opinions shall be appended to the decision
of the majority of the Committee, provided they are received before notice of
such decision is submitted to the parties.
E. Should the estimated cost of the
facilities or site be increased as a result of the action of the Committee,
such increase, as determined by an independent engineering firm selected
jointly by the Committee and the applicant, shall be reflected in the
certificate issued by the Committee.
F. Upon notice filed with the Committee, and
accompanied by an agreement on a form supplied by the Committee in which the
transferee agrees to comply with the terms, limitations and conditions
contained within a certificate of environmental compatibility, such certificate
may be transferred to any utility.
Effective 2-70.
Notes
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