40-251. Hearings on valuation of property of
public service corporations; notice; introduction of evidence;
written findings of fact required; admissibility in evidence;
effect; exception
A. For the purpose of ascertaining matters concerning the valuation or revaluation
of the property of public service corporations, the commission may conduct hearings at
times or places it designates. Before any hearing or supplemental or further hearing is
had the commission shall give the corporation affected thereby at least thirty days'
written notice, specifying the time and place of the hearing, but such notice shall not
prevent the commission from making any preliminary examination or investigation into such
matters or from inquiring into them in any other investigation or hearing.
B. All corporations affected shall be heard and may introduce evidence at the
hearing. The commission may receive evidence from other sources of information. The
evidence introduced at the hearing shall be reduced to writing and certified under the
seal of the commission. The commission shall make and file its finding of facts in
writing upon all matters concerning which evidence is introduced which in its judgment
relates to the value of the property.
C. The original or supplemental findings, so made and filed, when properly
certified under seal, shall be admissible in evidence in any action, proceeding or
hearing before the commission or any court in which the commission, the state, or any
officer, department or institution thereof, or any county, city, municipality or other
body politic, and the corporation affected, is interested, whether arising under the
provisions of this article or otherwise. Such findings, when received in evidence in any
action or proceeding arising under this article, shall be conclusive evidence of the
facts therein stated as of the dates therein stated under conditions then existing, and
such facts may only be controverted by showing a subsequent change in conditions bearing
upon the facts therein determined.
D. Findings made at supplemental hearings or investigations shall be considered in
connection with and as a part of the original findings except insofar as the supplemental
findings change or modify the findings made at the original hearing or investigation.
E. For purposes of this section, the commission may establish simplified procedures
and may by order or rule dispense with a hearing for a telecommunications corporation or
a member-owned nonprofit cooperative corporation.
|