1. (a) Procedure.

   1. (1) Parties may stipulate to the resolution of any issue of law or fact or settle upon an acceptable disposition of a proceeding or some portion thereof with or without resolving material issues.

   2. (2)

      1. (A) Parties shall propose by written motion that the Arkansas Public Service Commission adopt stipulations or settlements.
      2. (B) Such motion shall be filed along with supporting testimony no later than ten (10) days prior to the scheduled date of the evidentiary hearing in that docket.
      3. (C) If the tenth day falls on a weekend or a state holiday, such settlement agreement and supporting testimony shall be filed on the last business day prior to the tenth day.
      4. (D) The motion shall:

2. (i) Set forth the factual, legal, policy, and other considerations that form the basis for the parties' recommendation that the stipulation or settlement be adopted; and

   1. (ii) Be supported by written testimony.

   2. (3)

      1. (A) Whenever a party does not join a proposed stipulation or settlement, such party may respond to the motion as permitted under 23 CAR § 462-310 or applicable order.
      2. (B) Such response shall set forth the factual, legal, policy, and other considerations that form the basis for that party's opposition to the proposed stipulation or settlement or portions thereof.

3. (b) Arkansas Public Service Commission action regarding stipulation or settlement. After consideration of a proposed stipulation or settlement, the Arkansas Public Service Commission may, consistent with the public interest and without limitation:

   1. (1) Approve the proposed stipulation or settlement;
   2. (2) Reject the proposed stipulation or settlement and set the case for a full hearing;

   3. (3) Reject the proposed stipulation or settlement and grant the parties additional time to:

      1. (A) Renegotiate the stipulation or settlement; and
      2. (B) Propose alternative terms acceptable to the Arkansas Public Service Commission;
   4. (4) Modify the terms of the stipulation or settlement and allow the parties a reasonable time to accept the Arkansas Public Service Commission’s proposed modifications or request other relief; or
   5. (5) Take any other action it deems appropriate.

Codification Notes: This section was promulgated as Rule 4.10 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.