CHAPTER 9. Hearings and Judicial Review [1701. - 1826.]
Chapter 9 enacted by Stats. 1951, Ch. 764.
§§ 1701–1826 · 67 sections
ARTICLE 1. Hearings §§ 1701–1711 · 24 sections
- § 1701 (a) All hearings, investigations, and proceedings shall be governed by this part and by rules of practice and procedure adopted by the commission, and in the…
- § 1701.1 (a) The commission shall determine whether each proceeding is a quasi-legislative, an adjudication, a ratesetting, or a catastrophic wildfire proceeding. The…
- § 1701.2 (a) This section shall apply to adjudication cases only. (b) If the commissioner assigned pursuant to subdivision (b) of Section 1701.1 has determined that an…
- § 1701.3 (a) Except as specified in subdivision (h), this section shall apply only to ratesetting cases, except, if the commissioner assigned pursuant to Section 1701.1…
- § 1701.4 (a) This section shall apply only to quasi-legislative cases, except, if the commissioner assigned pursuant to Section 1701.1 has determined that a…
- § 1701.5 (a) Except as specified in subdivision (b), in a ratesetting or quasi-legislative case, the commission shall resolve the issues raised in the scoping memo…
- § 1701.6 (a) In addition to any penalty, fine, or other punishment applicable pursuant to Chapter 11 (commencing with Section 2100), the commission may assess civil…
- § 1701.7 (a) The Attorney General may bring an enforcement action in superior court against a decisionmaker or employee of the commission who knowingly and willfully…
- § 1701.8 (a) For purposes of this section, the following definitions apply: (1) “Covered wildfire” means any wildfire ignited on or after July 12, 2019, for which…
- § 1701.9 The following provisions apply during the pendency of a commission proceeding, except these provisions do not apply during an adjudicatory or quasi-legislative…
- § 1702 Complaint may be made by the commission of its own motion or by any corporation or person, chamber of commerce, board of trade, labor organization, or any…
- § 1702.1 (a) The commission shall entertain complaints against any electrical, gas, water, heat, or telephone company under Sections 734, 735, and 736 when the amount…
- § 1702.2 (a) Except as provided in subdivision (b), any funds entrusted to the commission by any person or corporation filing a complaint against a public utility shall…
- § 1702.5 (a) The commission shall, in an existing or new proceeding, develop and implement a safety enforcement program applicable to gas corporations and electrical…
- § 1703 All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of causes…
- § 1704 Upon the filing of a complaint, the commission shall cause a copy thereof to be served upon the corporation or person complained of. Service in all hearings,…
- § 1705 At the time fixed for any hearing before the commission or a commissioner, or the time to which the hearing has been continued, the complainant and the…
- § 1706 A complete record of all proceedings and testimony before the commission or any commissioner on any formal hearing shall be taken down by a reporter appointed…
- § 1707 Any public utility may complain on any of the grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted…
- § 1708 The commission may at any time, upon notice to the parties, and with opportunity to be heard as provided in the case of complaints, rescind, alter, or amend…
- § 1708.5 (a) The commission shall permit interested persons to petition the commission to adopt, amend, or repeal a regulation. (b) (1) The commission shall consider a…
- § 1709 In all collateral actions or proceedings, the orders and decisions of the commission which have become final shall be conclusive.
- § 1710 No documents or records of a public utility or person or corporation which purport to be statements of fact shall be admitted into evidence or shall serve as…
- § 1711 (a) Where feasible and appropriate, except for adjudication cases, before determining the scope of the proceeding, the commission shall seek the participation…
ARTICLE 2. Rehearings §§ 1731–1736 · 6 sections
- § 1731 (a) The commission shall set an effective date when issuing an order or decision. The commission may set the effective date of an order or decision before the…
- § 1732 The application for a rehearing shall set forth specifically the ground or grounds on which the applicant considers the decision or order to be unlawful. No…
- § 1733 (a) Any application for a rehearing made 10 days or more before the effective date of the order as to which a rehearing is sought, shall be either granted or…
- § 1734 If any application for a rehearing is granted without a suspension of the order involved, the commission shall forthwith proceed to hear the matter with all…
- § 1735 An application for rehearing shall not excuse any corporation or person from complying with and obeying any order or decision, or any requirement of any order…
- § 1736 If, after such rehearing and a consideration of all the facts, including those arising since the making of the order or decision, the commission is of the…
ARTICLE 3. Judicial Review §§ 1756–1770 · 15 sections
- § 1756 (a) Within 30 days after the commission issues its decision denying the application for a rehearing, or, if the application was granted, then within 30 days…
- § 1756.2 In any proceeding reviewing an order or decision of the commission in the Supreme Court or court of appeal, the commission may appear and be heard as a party.
- § 1757 (a) No new or additional evidence shall be introduced upon review by the court. In a complaint or enforcement proceeding, or in a ratemaking or licensing…
- § 1757.1 (a) In any proceeding other than a proceeding subject to the standard of review under Section 1757, review by the court shall not extend further than to…
- § 1758 (a) The commission and each party to the action or proceeding before the commission may appear in the review proceeding. Upon the hearing the Supreme Court or…
- § 1759 (a) No court of this state, except the Supreme Court and the court of appeal, to the extent specified in this article, shall have jurisdiction to review,…
- § 1760 Notwithstanding Sections 1757 and 1757.1, in any proceeding wherein the validity of any order or decision is challenged on the ground that it violates any…
- § 1761 (a) Any stay or suspension of an order or decision of the commission shall be granted only in accordance with this article and the rules of court. (b) A stay…
- § 1762 (a) Except as provided in this section, no order staying or suspending an order or decision of the commission shall be made by the Supreme Court or court of…
- § 1763 (a) No temporary stay shall be granted by the Supreme Court or court of appeal unless it clearly appears from specific facts shown by the verified petition…
- § 1764 In case the order or decision of the commission is stayed or a temporary stay granted, the order of the Supreme Court or court of appeal shall not become…
- § 1766 (a) Under no circumstance shall the Supreme Court or court of appeal stay or suspend any order or decision by the commission authorizing an increase or…
- § 1767 All actions and proceedings under this part and all actions or proceedings to which the commission or the people of the State of California are parties in…
- § 1768 The following procedures shall apply to judicial review of an order or decision of the commission interpreting, implementing, or applying the provisions of…
- § 1770 The following procedures shall apply to the judicial review of an order or decision of the commission in interpreting, implementing, or applying the provisions…
ARTICLE 4. Witnesses §§ 1791–1795 · 5 sections
- § 1791 Each witness who appears by order of the commission or a commissioner shall receive for his attendance the same fees and mileage allowed by law to a witness in…
- § 1792 In case of the refusal of any witness to attend or testify or produce any papers required by a subpena issued by the commission or any commissioner, the…
- § 1793 Upon the filing of the petition the court shall enter an order directing the witness to appear before the court at a time and place fixed in the order and show…
- § 1794 The commission or any commissioner or any party may, in any investigation or hearing before the commission, cause the deposition of witnesses residing within…
- § 1795 No person shall be excused from testifying or from producing any book, waybill, document, paper, or account in any investigation or inquiry by or hearing…
ARTICLE 5. Intervenor’s Fees and Expenses §§ 1801–1812 · 13 sections
- § 1801 The purpose of this article is to provide compensation for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to public…
- § 1801.3 It is the intent of the Legislature that: (a) The provisions of this article shall apply to all formal proceedings of the commission involving electrical, gas,…
- § 1802 As used in this article: (a) “Compensation” means payment for all or part, as determined by the commission, of reasonable advocate’s fees, reasonable expert…
- § 1802.3 A representative of a group representing the interests of small commercial customers who receive bundled electric service from an electrical corporation shall…
- § 1802.4 An eligible local government entity is eligible for an award of compensation pursuant to this article for its involvement to the extent that the involvement…
- § 1802.5 Participation by a customer that materially supplements, complements, or contributes to the presentation of another party, including the commission staff, may…
- § 1803 The commission shall award reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a…
- § 1803.1 The commission shall adopt a policy to allow reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and…
- § 1804 (a) (1) A customer who, or eligible local government entity that, intends to seek an award under this article shall, within 30 days after the prehearing…
- § 1806 The computation of compensation awarded pursuant to Section 1804 shall take into consideration the market rates paid to persons of comparable training and…
- § 1807 (a) An award made under this article shall be paid by the public utility that is the subject of the hearing, investigation, or proceeding, as determined by the…
- § 1808 The commission shall deny any award to any customer or eligible local government entity that attempts to delay or obstruct the orderly and timely fulfillment…
- § 1812 A group or association that represents the interests of small agricultural customers in a proceeding and that would otherwise be eligible for an award of…
ARTICLE 6. Computer Models §§ 1821–1822 · 2 sections
- § 1821 As used in this article, the following definitions apply: (a) “Computer model” means a computer program. (b) “Operations model” means a computer model that…
- § 1822 (a) Any computer model that is the basis for any testimony or exhibit in a hearing or proceeding before the commission shall be available to, and subject to…
ARTICLE 7. Receiverships §§ 1825–1826 · 2 sections
- § 1825 (a) If the commission determines in a proceeding that the appointment of a receiver is warranted pursuant to the processes or procedures adopted by the…
- § 1826 Whenever the commission determines, after notice and hearing, that any water or sewer system corporation is unable or unwilling to adequately serve its…