1. (a) Motion for order compelling discovery. After a good faith effort to seek resolution of a discovery dispute, a party upon reasonable notice to all parties and all persons affected thereby may apply for an order compelling discovery as follows:

   1. (1) An application for an order to a party may be made to the Arkansas Public Service Commission; and

   2. (2)

      1. (A) If a deponent fails to answer a question propounded or submitted, a corporation or other entity fails to make a designation under 23 CAR § 462-509(b) or 23 CAR § 462-510 or a party fails to answer an interrogatory or request for admission submitted under 23 CAR § 462-509 or 23 CAR § 462-511, or if a party, in response to a request for inspection submitted under 23 CAR § 462-510 fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request.
      2. (B) When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before the proponent applies for an order.
2. (b) If the Arkansas Public Service Commission denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion pursuant to 23 CAR § 462-404.
3. (c) Any party to a proceeding who is unable to receive a timely response to discovery requests made in conformity with this subsection and other applicable provisions of this part may petition the Arkansas Public Service Commission for an appropriate order directing the nonresponsive party to comply with such discovery request to the extent and in the manner that the Arkansas Public Service Commission deems appropriate under the circumstances.

4. (d)

   1. (1) In connection with any order directing discovery, the Arkansas Public Service Commission may take appropriate actions designed to ensure prompt and orderly responses thereto.

   2. (2) In the event of any failure of any party to comply with any Arkansas Public Service Commission order of discovery, the Arkansas Public Service Commission may enter an appropriate order providing for the imposition of just and reasonable sanctions, including without limitation the following:

      1. (A) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the proceeding in accordance with the claim of the party obtaining the order;
      2. (B) An order:

5. (i) Refusing to allow the disobedient party to support or oppose designated claims; or

   1. (ii) Prohibiting such parties from introducing designated matters in evidence;

      1. (C) An order:

         1. (i) Striking out filings or parts thereof;
         2. (ii) Staying further proceedings until the order is obeyed;
         3. (iii) Dismissing the proceeding or any party thereof; or
         4. (iv) Rendering an order by default against the disobedient party; and
      2. (D) An order directing the disobedient party to reimburse the party obtaining the order appropriate costs and expenses, including where applicable reasonable legal and/or expert fees incurred as a result of the failure to comply with the Arkansas Public Service Commission’s order, except to the extent permitted by statute, and fees may not be awarded against the State of Arkansas under this part.

Codification Notes: This section was promulgated as Rule 5.12 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.