1. (a) Determination of deficiencies.

   1. (1) Staff shall review each filing to ascertain whether it complies with the provisions of this part.
   2. (2) If staff determines that any deficiencies exist, staff shall file a notice detailing the deficiencies within ten (10) days after the applicant’s application and required exhibits and schedules are filed.
   3. (3) The applicant shall correct the deficiencies in writing within fourteen (14) days of filing of the notification of deficiency or upon objection by the applicant within such longer period as the Arkansas Public Service Commission shall find appropriate.

2. (b)

   1. (1) Staff shall review the filing as revised by the applicant to determine compliance with all information required by this part.

   2. (2) No more than seven (7) days from the filing as revised, staff shall file:

      1. (A) A statement of compliance; or
      2. (B) A second notice of deficiencies listing:

3. (i) Each requirement not met; and

   1. (ii) A brief explanation in support.

   2. (3) This second notice of deficiencies shall not include any deficiencies that were not equally:

      1. (A) Present in the initial application; and

      2. (B) Identified by staff pursuant to subsection (a) of this section.

         1. (c) Failure by the applicant to comply in a timely manner may be grounds to dismiss the application.
         2. (d) Sanctions. If the Arkansas Public Service Commission determines that the nature and extent of the deficiencies in the applicant’s filing are of such nature and scope whereby the orderly review and analysis of the filing may be materially impaired or delayed, the Arkansas Public Service Commission, provided it deems such action appropriate and in the public interest, shall issue an order directing the applicant to show cause why the filing should not be dismissed for want of sufficient compliance to constitute a "filing" within the intent and meaning of the applicable law.

Codification Notes: This section was promulgated as Rule 8.11 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.