A.R.S. tit. 40 ch. 1 — Arizona Revised Statutes Title 40 Chapter 1 — Corporation Commission

40-101. Interest of commissioner or employee prohibited in corporation subject to regulation Notwithstanding any other law, a person in the employ of, or holding an official relation to a corporation or person subject to regulation by the commission, or a person owning stocks or bonds of a corporation subject to regulation, or a person who is pecuniarily interested therein, shall not be elected, appointed to, or hold the office of commissioner or be appointed or employed by the commission. If a commissioner, or appointee or employee of the commission becomes the owner of such stocks or bonds, or becomes pecuniarily interested in such a corporation involuntarily, he shall within a reasonable time divest himself of such stocks, bonds or interest. If he fails to do so, he thereby vacates his office or employment. 40-102. Corporation commission organization; meetings; acts of commission by majority or by single commissioner; conflict of interest A. The corporation commission shall elect from its membership a chairman. B. The commission shall hold a session at least once each month at its office. It may meet at any time or place expedient for the performance of its duties. The commission may, for holding meetings at places other than its offices, occupy any courtroom, or rent offices, the expense of which shall be paid as other expenses authorized by this article. Sessions of the commission shall be open to the public. C. The act of a majority of the commissioners when in session as a board shall be the act of the commission. Any investigation, inquiry or hearing may be undertaken or held by or before any commissioner designated by the commission for the purpose, and every finding, order or decision made by a commissioner so designated, when approved and confirmed by the commission and ordered filed in its office, shall be the finding, order or decision of the commission. D. Commissioners and employees of the commission are subject to title 38, chapter 3, article 8. 40-103. Corporation commission seal The corporation commission shall have a seal bearing the inscription "Arizona Corporation Commission." The seal shall be affixed to all writs and authentications of records and to other instruments as the commission directs. 40-104. Employment; commissioners; prohibition Any public service corporation or public power entity that is regulated by the commission may not employ or enter into an independent contractor agreement with an individual who in the preceding two calendar years served as a commissioner. 40-105. Executive director; appointment; powers and duties A. Subject to title 41, chapter 4, article 4, the corporation commission shall appoint an executive director, who shall have the power to serve warrants and other process in any county of the state. B. The executive director shall if directed by the commission: 1. Keep a record of all proceedings of the commission, issue necessary writs, warrants and notices, and perform other duties the commission prescribes. 2. Supervise and administer the overall activities of the commission divisions and employees. 3. Subject to title 41, chapter 4, article 4, employ experts, engineers, statisticians, accountants, inspectors and employees necessary to perform the duties and exercise the powers of the commission. 4. Make and submit to the governor and legislature an annual report containing a complete account of the commission's transactions and proceedings for the preceding fiscal year, together with other facts, suggestions and recommendations of value to the people of this state. C. The executive director may if directed by the commission: 1. Act as the authorized officer of the commission when performing duties necessary for processing rules adopted by the commission. 2. Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to enable the commission to adequately perform its duties. 3. Contract and incur obligations reasonably necessary or desirable within the scope of commission activities and operations to enable the commission to adequately perform its duties. 4. Use monies, facilities or services to provide matching contributions for other governmental programs which further the objectives and programs of the commission. 5. Employ attorneys to represent the commission and each commissioner as provided in section 40-106. 6. Establish accounts for the purpose of receiving and expending monies for educational and safety programs within the scope of the duties of the commission. 40-106. Legal services A. The attorney general shall be attorney for the securities division of the commission and the commission for matters arising out of securities division activity. At the commission’s discretion, the attorneys employed by the securities division may represent the commission in administrative and civil matters arising under title 44, chapter 12 or 13. B. The executive director of the commission may employ attorneys to represent the commission and each commissioner, in regard to matters in connection with the other powers and duties of the commission. 40-108. Compensation of appointees and employees A. The compensation of corporation commission appointees and employees except as provided in section 40-408 shall be determined pursuant to section 38-611 and shall be paid from the state general fund and the appropriation made to the commission in the general appropriations act. B. Employee compensation of the utilities division and a part of the administration, hearing and legal divisions shall be determined pursuant to section 38-611 and is payable from the utility regulation revolving fund established pursuant to section 40-408. 40-109. Salaries and expenses of corporation commissioners A. Each member of the corporation commission shall receive an annual salary pursuant to section 41-1904. B. Except as provided in section 40-408, all salaries and expenses of members of the corporation commission incurred pursuant to this article, including the actual and necessary traveling and other expenses and disbursements of the commissioners, their officers and their employees incurred while on business of the commission, are payable from the state general fund and other monies appropriated to the commission in the general appropriation bill. 40-110. Consumer services section A consumer services section is established within the utilities division. The purpose of the section is to receive and investigate consumer complaints and to provide information concerning utility rates and regulatory proceedings of public service corporations regulated by the commission. 40-112. Fees for certification and duplication The following fees are payable to the commission and upon receipt of the fees the commission, pursuant to sections 35-146 and 35-147, shall deposit the fees: 1. For issuing certification of documents, five dollars plus fifty cents per page. 2. For making a copy of any document on file, not more than fifty cents for each page or partial page.