Section R20-5-665. Consent Findings and Rules or Orders

A.      General. At any time before the reception of evidence in any hearing, or during any hearing, a reasonable opportunity may be afforded to permit the negotiation by the parties of an agreement containing consent findings and a rule or order dis- posing of the whole or any part of the proceeding. The allow- ance of such opportunity and the duration thereof shall be in the discretion of the Commission. After consideration of the nature of the proceeding, the requirements of the public inter- est, the representations of the parties, and the probability of an agreement which will result in a just disposition of the issues involved.

B.       Contents. Any agreement containing consent findings in rule or other disposing of a proceeding shall also provide:

1.        That the rule or order shall have the same force and effect as if made after a full hearing;

2.        That the entire record on which any rule or order may be based shall consist solely of the application and the agree- ment;

3.        A waiver of any further procedural steps before the Com- mission; and

4.        A waiver of any right to challenge or contest the validity of the findings and of the rule or order made in accor- dance with the agreement.

C.      Submission. On or before the expiration of the time granted for negotiations, the parties or their counsel may:

1.        Submit the proposed agreement to the Commission for its consideration; or

2.        Inform the Commission that agreement cannot be reached.

D.      In the event an agreement containing consent findings and rule or order is submitted within the time allowed therefor, the

Commission may accept such agreement by issuing its deci- sion based upon the agreed findings.

Historical Note

Adopted as an emergency effective October 29, 1980, pur- suant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Former Section R4-13-667 adopted as an emergency effective October 29, 1980, renumbered and adopted as Section R4-13-665 effective March 2, 1981 (Supp. 81-2).

R20-5-665 recodified from R4-13-665 (Supp. 95-1).