1. (a) Except as otherwise provided by rule or statute:

   1. (1) The Arkansas Public Service Commission shall fix the time and place of all hearings; and

   2. (2) Notice of the place, day, and hour of a hearing shall be served on all parties to the proceeding at least forty-five (45) days before the hearing unless the Arkansas Public Service Commission finds that public interest requires:

      1. (A) Shorter notice; or
      2. (B) The hearing to be held earlier.

2. (b)

   1. (1) The Arkansas Public Service Commission may order that notice of the initiation of a docket be given to all persons who may be affected thereby.

   2. (2) Unless otherwise provided herein (see 23 CAR § 462-203 (rulemaking), 23 CAR § 462-603 (CCNs and CECPNs), and 23 CAR § 462-807 (general rate change application)), notice may be given by:

      1. (A) Service of a copy of the formal application; or
      2. (B) Publication of the substance thereof with notice of the place, day, and time of the hearing on the formal application, if known, for such length of time and in a newspaper or newspapers or other public media as the Arkansas Public Service Commission may designate.

   3. (3) In such cases in which the Arkansas Public Service Commission orders notice be given, the Arkansas Public Service Commission may:

      1. (A) Prescribe the form of notice;
      2. (B) Designate the persons to whom notice shall be sent; and
      3. (C) Order that the notice be at the applicant’s or other party’s expense.

3. (c)

   1. (1) Proof of notice given by publication or other means as may be required shall be made by the applicant or other party as ordered at least two (2) weeks before the hearing unless a later time is ordered.

   2. (2) Proof of notice by publication may be made by filing a copy of the notice accompanied by:

      1. (A) A declaration of which newspaper or publication published it; and
      2. (B) The dates of publication.

   3. (3)

      1. (A) Proof of personal notice by mail, facsimile, electronic mail, or other means may be made by filing a copy of the notice sent to each person.
      2. (B) If a form notice was sent to each person, then the applicant shall file a:

4. (i) Copy of the text of the form notice; and

   1. (ii) List of the names and addresses or other contact information of the persons to whom the notices were sent.

Codification Notes: This section was promulgated as Rule 4.03 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules. "CCN" means a certificate of public convenience and necessity. "CECPN" means a certificate of environmental compatibility and public need.