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Section 3-101 – Commission Proceedings Generally

    (a)    A proceeding before the Commission shall be governed by the regulations and practices of the Commission in conformity with this title.     (b)    The Commission is not bound by the rules of evidence or procedure of any court.     (c)    An official act of the Commission:         (1)    is valid if it substantially complies with the requirements of this division; and […]

Section 3-102 – Complaint; Commencement of Proceedings

    (a)    (1)    Any person may file a complaint with the Commission.         (2)    The complaint shall be in writing and set forth circumstances that allege a violation of this division by a public service company.     (b)    If a complaint filed under subsection (a) of this section states on its face a violation of this article or if the Commission determines […]

Section 3-103 – Service of Process or Documents

    (a)    The service of a document or notice relating to a proceeding before the Commission under this division shall be sufficient:         (1)    if made personally through the sheriff’s office in the county in which service may be made or by an adult; or         (2)    except as provided in subsections (b) and (c) of this section, if mailed by […]

Section 3-104 – Proceedings

    (a)    (1)    The Commission shall institute and conduct proceedings reasonably necessary and proper to the exercise of its powers or the performance of its duties.         (2)    The Commission shall conduct its proceedings en banc or in panels of:             (i)    at least three commissioners; or             (ii)    one public utility law judge and at least two commissioners.         (3)    A quorum consists of a […]

Section 3-105 – Proceedings — Priority

    The Commission shall give preferential consideration to the following in descending order:         (1)    the hearing and decision of questions involving the rates of a public service company;         (2)    requests by a public service company to discontinue or abandon service under any franchise, right, or permit after its expiration date; and         (3)    any other questions pending before the Commission.

Section 3-106 – Proceedings — Intervention

    (a)    If a person timely files, the person may apply to intervene in a proceeding before the Commission.     (b)    The Commission shall grant leave to intervene unless the Commission concludes that:         (1)    the parties to the proceeding adequately represent the interest of the person seeking to intervene; or         (2)    the issues that the person seeks to raise are irrelevant […]

Section 3-107 – Parties — Rights

    In addition to any other right a party in a proceeding before the Commission may be entitled to, the party may:         (1)    summon witnesses, present evidence, and present argument;         (2)    conduct cross-examination and submit rebuttal evidence; and         (3)    take depositions in or outside of the State, subject to regulation by the Commission to prevent undue delay, and in […]

Section 3-108 – Parties — Ex Parte Contact

    Unless notice is provided to each other party in a case before the Commission, a party or person acting on behalf of a party may not contact ex parte a commissioner or a public utility law judge regarding the merits of the case.

Section 3-109 – Subpoenas

    (a)    On the request of a party to a proceeding in which a hearing is required or held, the Commission shall issue subpoenas to compel the attendance and testimony of witnesses and the production of documents at a hearing or deposition to be taken by the party.     (b)    On its own motion, the Commission may issue a […]

Section 3-110 – Witnesses

    (a)    A person shall:         (1)    attend a proceeding before the Commission, if ordered by the Commission, a commissioner, or the Executive Secretary of the Commission; and         (2)    give any relevant testimony or produce any relevant evidence, if ordered by the Commission, a commissioner, or an authorized hearing examiner.     (b)    (1)    If a person refuses without valid cause to comply with […]

Section 3-111 – Official Record; Evidence

    (a)    In each hearing, the Commission shall prepare an official record that includes testimony and exhibits.     (b)    (1)    Any evidence, including records possessed by the Commission, that the Commission or a party in a proceeding before the Commission desires to use, shall be offered and made part of the record.         (2)    Factual information or evidence not made part of […]

Section 3-112 – Burden of Proof

    (a)    In a proceeding before the Commission where a person applies for the approval of the Commission under § 5–104, §§ 5–201 through 5–203, or §§ 6–101 through 6–103 of this article, the person shall show by clear and satisfactory evidence that granting the application complies with the requirements of this division and, as the case […]

Section 3-113 – Decisions; Orders

    (a)    A decision and order of the Commission in a contested proceeding shall:         (1)    be based on consideration of the record;         (2)    be in writing;         (3)    state the grounds for the conclusions of the Commission; and         (4)    in the case of a complaint proceeding between two public service companies, be issued within 180 days after the close of the record. […]

Section 3-114 – Rehearing

    (a)    On rehearing, the Commission may:         (1)    consider facts not presented in the original hearing, including facts arising after the date of the original hearing; and         (2)    abrogate, change, or modify the original order by new order.     (b)    Except as otherwise ordered by the Commission, the rehearing or application for the rehearing does not:         (1)    stay the enforcement of an […]