NAC703.785. Orders of Commission: Proposed orders.  


Latest version.
  •      1. If the Commission determines that any matter or proceeding would be best handled by the issuance of a proposed order, the Commission will issue such an order and the parties will be so notified.

         2. Any party of record to the proceeding may file a petition requesting that a proposed order be issued by the Commission. The petition must be filed with the Commission and served upon all parties of record and must set forth the reasons for issuing such a proposed order and state that it will promote the administration of justice and will not cause unreasonable delay in the final determination of the proceeding. Objections to the petition may be served and filed by other parties of record within 5 days after service of the petition.

         3. Upon receipt of a proposed order, any party of record may file exceptions to it within 10 days after the date of service unless a greater or lesser time is designated by the Commission at the time of issuance of the proposed order. An exception to the proposed order must be in writing and include:

         (a) A clear statement of the matter to which the exception is made;

         (b) The grounds which support the exception; and

         (c) A suggested correction of the matter which is excepted.

         4. A copy of the exception must be served upon all parties of record by the party making the exception. The Commission will hold a hearing on the matter which is excepted if the public interest would be served by a hearing.

         5. A party may answer an exception within 5 days after service of it upon the party. An answer to an exception must be filed with the Commission and served upon all parties of record.

         6. After full consideration of the proposed order, the exceptions, answers and briefs, the Commission will affirm its proposed order by service of an order of affirmance upon the parties or if it deems the exceptions well taken, will revise the proposed order and issue a final order differing from the proposed order.

         7. The proposed order is not a final or official order of the Commission subject to appeal unless it becomes an official order of the Commission by affirmance, in which event the date of the order of affirmance becomes the date of the issuance of the order.

         8. A certified order of the Commission will be served by the Secretary by mailing a copy of the order to the parties of record or by personal service on them. If a party desires additional copies of the order, the Commission must be notified of the number of copies desired.

     [Pub. Service Comm’n, Gen. Order 3 §§ 12.020 & 12.030, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R010-05, 9-7-2005)