1. (a) Rehearing of any Arkansas Public Service Commission order shall be pursuant to Arkansas Code § 23-2-422.

2. (b)

   1. (1) If any party applies for a rehearing based in whole or in part on additional evidence that was not a part of the original record, the party shall:

      1. (A) Provide good cause for omitting the evidence from the original record;
      2. (B) Show that such evidence will not be merely cumulative; and
      3. (C) State in detail in the application:

3. (i) The name and identification of the witness and the subject matter of the proposed testimony if the additional evidence is proposed as testimony; and

   1. (ii) A description of any proposed exhibits if the additional evidence is proposed as exhibits.

   2. (2)

      1. (A) This proposed additional evidence shall not be filed with the application.

      2. (B) The proposed additional evidence shall not be filed or considered unless ordered by the Arkansas Public Service Commission.

         1. (c)
   3. (1) Any party may file a response to an application for rehearing within ten (10) days after the filing of the application.

   4. (2) However, the Arkansas Public Service Commission may rule upon an application at any time, regardless of the timing of a response by other parties.

      1. (d) In response to an application for rehearing, the Arkansas Public Service Commission may:
   5. (1) Uphold the order without modification;
   6. (2) Modify or clarify the order without further hearing based upon the existing record;
   7. (3) Upon notice to the parties, reopen the docket for the receipt of further evidence on particular issues;
   8. (4) Reverse the order in whole or in part;
   9. (5) Issue an order granting rehearing solely for the purpose of further consideration; or
   10. (6) Take any other action it deems appropriate.

4. (e)

   1. (1) If the Arkansas Public Service Commission issues an order granting rehearing “solely for the purpose of further consideration” (limited rehearing order) prior to the thirty-day period established by Arkansas Code § 23-2-422, the application for rehearing shall not be deemed denied.
   2. (2) However, if the Arkansas Public Service Commission does not within sixty (60) days of the limited rehearing order issue an order granting or denying the requested rehearing or setting a hearing on the request, the application for rehearing shall be deemed denied for purposes of Arkansas Code §§ 23-2-422 and 23-2-423.

Codification Notes: This section was promulgated as Rule 4.14 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.