(a)
(1) The presiding officer shall:
- (A) Control the course of the hearing;
- (B) Administer oaths;
- (C) Receive evidence;
- (D) Rule upon all objections and motions;
- (E) Receive offers of proof;
- (F) Hear arguments; and
- (G) Fix the time for filing of briefs, if briefs are ordered.
(2) The presiding officer also may take any action consistent with the Arkansas Public Service Commission's:
- (A) Statutory authority; and
- (B) Rules and policies.
- (b) In any proceeding not assigned to a presiding officer, the Arkansas Public Service Commission may designate a presiding officer for any limited purpose or purposes.
- (c) At any time, the Arkansas Public Service Commission may terminate or substitute the designation of a presiding officer.
(d) The final order entered by the presiding officer shall represent the findings and conclusions of the Arkansas Public Service Commission, subject to the following provisions:
- (1) If the Arkansas Public Service Commission does not stay or otherwise act to modify the presiding officer’s final order within thirty (30) days of the date said final order was entered by the presiding officer, the presiding officer’s final order then shall become the final order of the Arkansas Public Service Commission;
- (2) Thereafter, any party may file an application for rehearing pursuant to 23 CAR § 462-414 of any final order of the Arkansas Public Service Commission; and
(3)
- (A) If the Arkansas Public Service Commission grants an application for rehearing, it may redesignate the matter for further consideration and action.
- (B) Absent such redesignation, the Arkansas Public Service Commission shall conduct such rehearing proceedings as it may deem appropriate.
Codification Notes: This section was promulgated as Rule 4.06 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.