20100520Notice of Rulemaking, Proposed Rule.pdf

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.01.01 - RULES OF PROCEDURE OF
THE IDAHO PUBLIC UTILITIES COMMISSION
DOCKET NO. 31-0101-1001 R-ùL ~O ~/o ~ol
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that
the Idaho Public Utilties Commission has initiated proposed rulemaking procedures. This action
is authorized pursuant to Sections 61-401, 61-404, and 61-601, Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking wil be
scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an
agency, not later than July 21, 2010.
The hearing site wil be accessible to persons with disabilties. Requests for
accommodation must be made not later than five (5) days prior to the hearing, to the
Commission's address below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance
and purpose of the proposed rulemaking:
The Public Utilties Commission is proposing several amendments to its Rules of
Procedure. The reasons for the proposed changes include: conform the Commission's testimony
and transcript Rules 231 and 286 to changes in the Supreme Cour's Appellate Rules; change
Rule 43 (Representation of Paries) to conform to recent Supreme Cour opinions regarding the
representation of parnerships, corporations and other entities in Commission proceedings; add
Rule 20 to make it easier to determine when telephone companies are no longer conducting
business in Idaho; add a definition of "utility" to Rule 5; and make other changes to improve the
clarity of rules (Rules 16, 125,301) and correct citations, cross-references, or an Internet address
(Rules 0, 4, 19, 26, 121).
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMP ACT: There is no fiscal impact on the state general fud in excess of ten thousand
dollars ($10,000) during the fiscal year.
NEGOTIATED RULEMAKING: Pursuant to IDAP A 04.11.01.811, formal negotiated
rulemaking was conducted. The Notice of Negotiated Rulemaking was published in the April 7,
2010 Idaho Administrative Bulletin, VoL. 10-4, page 25. A public rulemaking workshop was
held on April 21, 2010.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the proposed rule, contact
Donald L. Howell, II, Deputy Attorney General, at [phone].
Anyone may submit written comments regarding this proposed rulemaking. All wrtten
comments must be directed to the Commission Secretary and must be delivered on or before July
28, 2010. Persons desiring to comment are encouraged to submit written comments at their
earliest convenience rather than wait until the comment deadline.
DATED this;()~ay of May 2010.
~l)ft'dßfJe D. Jewell
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise,ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5918
IDAPA31
TITLE 01
CHAPTER 01
31.01.01 - RULES OF PROCEDURE OF
THE IDAHO PUBLIC UTILITIES COMMISSION
000. LEGAL AUTHORITY (RULE 0).
These rules are adopted under the general legal authority of the Public Utilties Law, Chapters 1
through 7, Title 61, Idaho Code,; Chapters 9; 8 though 10~ aO 13, 15 through 17, Title 61,
Idaho Code,; Chapters 3 and 4, Title 62, Idaho Code,; the Telecommunications Act of 1988, as
amended, Chapter 6, Title 62,; aO Chapter~ 12, Title 62, Idaho Code, Chapter and 13, Title 62,
Idaho Code,; and the particular authority of Sections 56-904, 61-304 through 61-309, 61-501,
61 502, 61 503 through 61-505, 61-507, 61-516, 61-538, 61-541, 61-601 through 61-607, 61-
610 through 61-619, 61-6201 through 61-626, 61-803 through 61-806, 61-902 through 61-905,
61-909, 61-1003 through 61-1005, 61-1007, 61-1305, 61-1306, 61-1603 through 61-1607, 61-
1703 through 61-1709,62-304,62-305,62-424, 62-60,i4, 62 605,62608 through 62612,62
6101\ tloegh 62 610F, 62 614 tloegh 62-616A, 62-619, 62-622, 62-622A, 62-1201 through
62-1207,62-1303, aO 62-1304, 63-30291, and 67-6528, Idaho Code. (4 5 00)( )
(BREAK IN CONTINUITY OF SECTIONS)
004. PUBLIC RECORDS ACT COMPLIANCE (RULE 4).
Except as provided by statute and Rules ~ 52£ aO 233, and 287, all materials fied with the
Commission pursuant to these rules and all materials issued by the Commission pursuant to these
rules are public documents subject to inspection, examination and copying. (7 1 93)( )
005. DEFINITIONS (RULE 5).
Terms of art used throughout these rules are defined within the rules themselves. The term
"utilty" used in these rules includes every common carier, pipeline corporation, gas
corporation, electric corporation, telephone corporation, and water corporation as defined in
Chapter 1, Title 61, Idaho Code, and Section 62-603, Idaho Code. (7 1 93)( )
(BREAK IN CONTINUITY OF SECTIONS)
016. SERVICE BY COMMISSION - DESIGNATION OF AGENT (RULE 16).
The Commission Secretary serves all notices, orders, sumonses, and complaints issued by the
Commission or by the Secretary. (7-1-93)
01. Service of Orders and Notices. All notices and orders served by the Commission
may be served by United States maiL. Notices and orders may also be served by electronic mail
in cases designated by the Commission. Unless otherwise provided by statute, these rules, order
or notice, service of orders and notices is complete when a copy, properly addressed and
stamped, is either deposited in the United States mail or transmitted electronically. All orders and
notices shall be affxed with the Commission Secretary's offcial service date on the first page.
The Commission Secretary will serve all orders and notices in a proceeding on the
representatives of each pary designated pursuant to Rule 41 for that proceeding and upon other
persons designated by these rules or by the Commission or any Commissioner. (3-16-04)
02. Service of Summonses and Complaints. The Commission Secretar wil serve
complaints against utilties upon the person designated for that purpose by the utilty. All Htilties
mHst maillaiB OB file vÚth the Commission Seeretary a desigBation of sHeh a persoB.
Summonses and complaints directed to regulated utilities or other persons shall be served by
registered or certified maiL. Writs of summons or subpoena and warants of attchments directed
to all other persons must be served by a person authorized to serve process by statute or by the
Idaho Rules of Civil Procedure. (4 5 00)( )
03. Designation of Agent for Service. All utilities shall designate a person as their
agent to be served with summons and complaints. Utilities shall be responsible for maintaining
on fie with the Commission Secretar the curent name, mailing address and e-mail address of
the person designated as the agent to receive service. ( )
(BREAK IN CONTINUITY OF SECTIONS)
019. INCORPORATED BY REFERENCE - IDAHO BAR COMMISSION RULE
(RULE 19).
Rule 43 incorporates by reference Idaho Bar Commission Rule 2221 (Limited Admission!ro
Hac Vice). Bar Rule 2221 is promulgated by the Idaho State Bar and adopted by order of the
Idaho Supreme Cour. Bar Rule 2221 may be obtained from the Idaho State Bar, PO Box 895,
Boise, ID 83701, or online at 'Nvl'N2.state.id.as/isb/ ww.isb.idaho.gov ooder the "Rales" ieoB.
Bar Rule 2221 is also available for inspection and copying at the Idaho State Law Librar or at
the offces of the Idaho Public Utilties Commission. (3 16 04)( )
31.41.01.312 ()
(BREAK IN CONTINUITY OF SECTIONS)
026. INFORMAL FILES MAYBE INVESTIGATIVE RECORDS (RULE 26).
Files created by the Commission and its Staff in response to informal inquiries or complaints are
investigatory records within the meaning of Sections 9-337(42) and 9-340B(I), Idaho Code, are
generally exempt from disclosure according to the standards of Sections 9-337 through 9-348,
Idaho Code, but are available under Section 9-342, Idaho Code, to the customer, applicant,
utilty, carier, etc., that are the subjects of the investigation. (4 5 00)( )
(BREAK IN CONTINUITY OF SECTIONS)
043. REPRESENTATION OF PARTIES A.T PROCEEDINGS (RULE 43).
ReeogBiziBg that plroceedings before the Commission are sometimes administrative in nature or
quasi-judicial in nature, appearanees and:. (3 16 04)( )
01. Administrative Proceedings. Administrative proceedings before the
Commission include matters such as the filing of tariff schedules, taiff advices, price lists,
certificates to provide local exchange service, interconnection agreements, rulemaking. written
comments in modified procedure, or wrtten comments provided at a customer hearing. These
fiings may be made by a natural person pro se, a partner in a parnership, an employee or offcer
of a corporation, or a licensed attorney. ( )
02. Quasi-Judicial Proceedings. The representation of parties at quasi-judicial
proceedings for the purose of adjudicating the legal rights or duties of a pary is restricted as set
out below. Quasi-judicial proceedings before the Commission include matters such as formal
complaints, petitions, motions, applications for modified procedure or technical/evidentiar
hearings. Representation of paries of these types of proceedings shall be as follows: ( )
M!. NatuFal PeFson. A natural person m: may represent himself or herself or be
represented by a duly amhoAzed employee, or an licensed attorney. (3 16 04)( )
9i!!. PaÁBeFShip. A parnership or corporation m: shall be represented by a parer,
dHlY aHorized employee, or aB licensed attorney. (7 1 93)( )
W. COFpoFation. A eorporatioB mHst be represelled by an offieer, dHlY aHorized
employee, or an attorney. (7 1 93)
94£. OtheF Entity. A municipal corporation,~ state, federal, tribal, or local
governent agency,; or ellity, an unincorporated association,; er ~ non-profit organization, or
other entity m: shall be represented by aB offeer, a dHlY aethorized employee or aB licensedattorney. (7 1 93)( )
OlJ. Attorney Representation. Only an active member of the Idaho State Bar may
represent a party as an attorney except as provided by Idaho Bar Commission Rule 2221
(Limited Admission!ro Hac Vice). The Commission adopts by incorporation Bar Rule 2221 asmodified below. (3-16-04)
a. GiveB the admiBistrative BaMe of many proeeediBgs, 11imited admission by out-
of-state attorneys will not be necessary in conjunction with administrative proceedings. filiBgs
sHeh as tariff sehedHles, tariff adviees, priee lists, eertifieates to provide loeal e*ehange serviee,
and illereonneetioB agreemells. Out-of-state attorneys representing the same party in one (1) or
more quasi-judicial ea proceedings (sHeh as formal eomplaills, motioBs, petitiOBS, and
applieatioBs that reqHest modified proeedHfe or an evidelliary heariBg), must request limited
admission at least one (1) time per calendar year. (3 16 04)( )
b. An attorney applying for limited admission to appear before the Commission in a
representative capacity shall fie a written motion with the Commission Secretary and serve a
copy on all parties. The motion shall be substantially in the form set out in Bar Rule 2221(1)
with references to the Commission instead of the court. (3 16 04)( )
c. A copy of the written motion shall be submitted to the Idaho State Bar
accompanied by the fee prescribed by in Bar Rule 22210). (3 16 04)( )
(BREAK IN CONTINUITY OF SECTIONS)
121. FORM AND CONTENTS OF APPLICATION TO CHANGE RATES (RULE 121).
01. Utilty Applications to Change Rates. Applications by any public utilty subject
to Title 61, Idaho Code, to increase, decrease or change any rate, fare, toll, rental or charge or
any classification, contract, practice, rule or regulation resulting in any such increase, decrease or
change must include the following data: (4 5 00)( )
a. An exhibit showing in full each proposed change in rates, tolls, rentals, charges,
rules or regulation by striking over proposed deletions to existing tariffs and underlining
proposed additions or amendments to existing tariffs, except applications to increase or decrease
all or almost all rates and charges by a uniform percentage or by a uniform amount may be made
by filing a tariff listing the proposed change and all unchanged rates and charges or rates and
charges not changed by a uniform percentage or a uniform amount, or by use of another
designation previously approved by the Commission that clearly calls attention to all proposed
changes in numbers or wording. (7-1-93)
b. If the application is subject to Rule 122, a complete justification of the proposed
increase in the form of testimony and exhibits or a narative exposition. (7-1-93)
c. If the application is subject to Rule 122, ..meB a geBeral ehange iB reeWTiBg rates
is proposed, a statement showing how the application has been brought to the attention of
affected customers ooder IDAPA 31.21.02.102 or 31.41.02.102 and a copy of the press release
and customer notice required by Rule 125. (7 1 93)( )
d. A statement that the applicant stands ready for immediate consideration of theapplication. (7-1-93)
e. If the application is subject to Rule 122, testimony and exhibits showing financial
statements, cost of capital and appropriate cost of service studies. (7-1-93)
f. Workpapers or documentation showing how test year data were adjusted. (7-1-93)
g. If the applicant provides utility service in states other than Idaho or utilty service
subject to federal regulation, a jurisdictional separation of all investments, revenues and expenses
allocated or assigned in whole or in par to Idaho intrastate utilty business regulated by this
Commission showing allocations or assignments to Idaho. (7-1-93)
02. Proposals Based upon Computer Modeling. In addition, in any application in
which a computer model is used to represent or simulate processes from which the revenue
requirement is derived or upon which allocations of the revenue requirement to different
customer classes are based, complete documentation of all those computer models must be
supplied to the Staff, upon request, and be available in the utilty's office or other depository.
The Staff may request that the computer model itself be provided. A computer model includes
the representation or simulation of a process, but does not mean or include the compilation of
actual data. The application must state that the documentation of the models already on fie in the
applicant's offce or other depository fully describes the models or that necessary updates or
additions to previous documentation that wil fully describe the models is on fie and wil be
supplied on request. (4-5-00)
03. Grounds for Returning or Dismissing Application. Failure to comply with
Rule 121.01 and 121.02 of this rule is grounds to retur or dismiss an application under Rule 65.
(7-1-93)
(BREAK IN CONTINUITY OF SECTIONS)
125. NOTICES TO CUSTOMERS OF PROPOSED CHANGES IN RATES (RULE 125).
01. Customer Notice of a Change in Rates. (5-8-09)
!: If a utilty is requesting a rate increase, the utilty shall issue a customer notice to
each customer. The customer notice shall include a brief explanation of the utility's need for
additional revenue and the dollar amount requested. The notice shall give the proposed overall
percentage change from curent rates as well as the proposed percentage increase in revenue for
each major customer class. ( )
b. If the utility is requesting a rate decrease, the utility shall issue a customer notice
to each customer. The customer notice shall include a brief explanation of the reason for the
decrease, the overall dollar amount of the proposed decrease, and the proposed percentage
decrease for each major customer class. ( )
c. The customer notice shall make it clear that the application is a proposal, subject
to public review and a Commission decision. It shall also inform customers that a copy of the
utilty's application is available for public review at the offces of both the Commission and the
utility, and on the Commission's homepage. ( )
02. Timing of Notice for Trackers or Annual Cost Adjustments. Tracker
adjustments occasioned by federal action that result in an increase or decrease in rates may be
brought to the attention of customers in compliance with this rule after approval by the
Commission. AlOther tracker or anual cost adjustment cases that result in an increase in rates
remain subject to the requirements of advance notice contained in this rule. Other tracker or
anual cost adjustment cases that result in a decrease in rates may be brought to the attention of
customers in compliance with this rule after being approved by the Commission. (5 8 09)( )
03. Distribution of Customer Notices. The customer notices referred to In
Subsection 125.01 may be mailed to customers as bil stuffers over the course of a biling cycle
or may be contained in additional comment pages to the customer's monthly bilL. If additional
comment pages are used, the information required by this rule is to be clearly identified, easily
understood, and pertain only to the proposed rate change. (5-8-09)
04. Press Release. In instances covered by Subsection 125.01, the utilty shall also
send a press release containing, at minimum, the same information presented in the customer
notices to all newspapers, radio, and television stations listed on the Commission's news
organization list for that utilty. The press releases shall be mailed or delivered simultaneously
with fiing of the application. (5-8-09)
05. Filng of a Press Release and Customer Notice. A copy of the press release and
customer notice shall be fied with the application. (5-8-09)
06. Purposes and Effects of This Rule. The puroses of Subsections 125.01 through
125.05 of this rule are to encourage wide dissemination to customers of information concerning
proposed rate changes for utilty services. It is not a purose of these subsections to create due
process or other procedural rights in customers by expanding, contracting, or otherwise
modifying the notice and due process rights of customers under the Public Utilties Law and the
Commission's Rules of Procedure, IDAPA 31.01.01. Accordingly, Subsections 125.01 through
125.05 of this rule create no individual procedural rights in any customer for notice that would
give rise to a due process or other procedural claim cognizable by the Commission, but failure to
comply with Subsections 125.01 through 125.05 of this rule can be grounds for returning an
application for incompleteness. (5-8-09)
(BREAK IN CONTINUITY OF SECTIONS)
231. PREPARED TESTIMONY AND EXHIBITS (RULE 231).
01. Prepared Testimony May Be Required. Order, notice or rule may require a
pary or parties to submit prepared testimony and exhibits to be presented at hearing. (7-1-93)
02. Format for Prepared Testimony. (7-1-93)
a. Prepared testimony and exhibits must be accompanied by a cover sheet showing
the case caption and case title, the person testifying, the party for whom the testimony is offered,
and the nature of the testimony (direct, rebuttal, etc.). (7-1-93)
b. The first page of prepared testimony should contain testimony only (i.e., it should
begin with the first question to the witness and not repeat the information on the cover page).(7-1-93)
c. Prepared testimony must be submitted on white eight and one-half by eleven inch
(8-1/2" x 11 ") paper, be double-spaced (except for quoted material and tables or other collections
of numerical data), and contain no more than ten (10) characters per inch and no me less than
twenty-five (25) lines of double-spaced testimony or more than thirt (30) lines per page. Each
page may be printed on the front and back (duplexed). (5 8 09)( )
d. Each line of prepared testimony must be numbered at the left margin (except
single:spaced quotations or tables of numerical data, which may be numbered at the left margin
as though they were double:spaced). Each page of testimony must have a one and one-half (1-
1/2) inch left margin that wil allow the page to be bound on its left side without obscuring the
printed materiaL. Indentations for paragraphing and for "Q" and "A" must be seven (7) spaces.
(7 1 93)( )
e. Each page of prepared testimony must be numbered at the lower right corner and
must be blan in the center of the bottom margin to allow the reporter to insert transcript page
numbers there. Each page of prepared testimony must have at least a one-inch (1 ") top andbottom margin. (7-1-93)
f. Each page of prepared testimony must contain the witness's surname followed by
the designation "Di" (signifying direct testimony) or "Di-Reb" (signifying direct testimony on
rebuttal) and the name of the par sponsoring the testimony printed in the lower right margin.
For example, the marginal notation on page 5 of the testimony of the witness Lynn Accountant
of ABC Company would be:
5
Accountant, Di
ABC Company
or Accountant, Di 5
ABC Company
(7-1-93)
03. References to Exhibits. All references to exhibits in prepared testimony must
refer to the exhibits by their number as assigned by the Commission Secretary. Exhibits
accompanying prepared testimony must be consecutively numbered from the first exhibit
number assigned to the pary by the Commission Secretary if the pary has not previously
identified exhibits, or from the highest exhibit number previously identified by that pary.
Exhibits must be fied on eight and one-half by eleven inch (8-1/2" x 11 ") paper unless it is
impractical to make them that size. Exhibits accompanying prepared testimony must complywith Rule 267. (7-1-93)
04. Number of Copies -- Filng and Service. Unless otherwise provided by order,
notice or agreement of the parties, nine (9) legible copies of prepared testimony and exhibits
must be fied with the Commission Secretar and copies fied on all paries pursuant to Rules 61,
62,63 and 64 at least fourteen (14) days before the hearing at which they wil be presented. The
original, if there is an original, or one (1) of the copies, if there is not, must be specifically
designated as the reporter's copy by cover sheet, attached note or otherwise, and be included
with the copies fied with the Commission Secretar. In special circumstances, notice or order
may provide that the reporter's copy of prepared testimony and exhibits be served directly on the
reporter rather than the Commission Secretar. (7 -1-93)
05. Computer-Searchable Copies of Testimony. In addition to the paper copies of
prepared testimony, the Commission Secretar may also require or the paries may agree that
some or all of the prepared testimony to be submitted to the Secretary, paries and the reporter in
computer searchable CD-ROM without password protection. The CD-ROM shall be in standard
ASCII format, Adobe Acrobat (PDF), or other searchable format agreed upon by the reporter and
the paries. Each CD-ROM shall be labeled with the Commission's case number, case name, the
name of each witness and the sponsoring party. (5 8 09)( )
(BREAK IN CONTINUITY OF SECTIONS)
286. TRANSCRIPTS (RULE 286).
01. Form of Transcripts -- Cover Sheet. Transcripts must be prepared on white
eight and one-half by eleven inch (8 1/2" x 11 ") paper. The lines of each page shall be double-
spaced with a minimum of twenty-five (25) lines and a maximum of thirt (30) lines per page.
Quotations, citations and parenthetical notes may be single-spaced. Each line shall be numbered
on the left margin. The cover page of each volume of transcript must show the title of the
proceeding, the case number, the presiding officer, the time and place of hearing, and other
information as shown in the following example:
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
(TITLE OF PROCEEDING)
CASE NO. XXX-X-XX-XX
(COMMISSIONER Able Baker, Presiding)
(HEARIG OFFICER Charlie Dog, Presiding)
(Date, e.g., Januar 21, 1983)
(Hearing Room, e.g., Commission Hearing Room)
(Address, e.g., 472 West Washington, Boise, Idaho)
(7 1 93)( )
02. Volumes of Transcript -- Indices to Volumes. Each day of hearing must be
transcribed in a volume or volumes separate from other days of hearing. Each volume of
transcript must begin with a list of the paries who appeared that day and their representatives at
hearing that day. This list must be followed with a list of all witnesses whose testimony is
reported in that volume, showing the pages at which each witness's testimony begins, what pary
(if any) called the witness, the pages upon which each other pary's examination begins, the
pages upon which each Commissioner's or hearing examiner's examination begins, and the
pages upon which redirect examination or any pary's, Commissioner's or hearing examiner's re-
examination begins. These lists must be followed with a list showing all exhibits identified in
that volume of transcript (including exhibits accompanying prepared testimony), the pages upon
which they are first identified, and, if any exhibits are denied admission, the pages upon which
the exhibits are denied admission. (7-1-93)
03. Matters Included in Transcript. The transcript must contain all discussions on
the record while the hearing is in order. Unless otherwise directed by the Commission, the
presiding officer, or the Commission Secretary, prepared testimony must be included in the
transcript without change or retyping. Witness's corrections to prepared testimony should be
made by distributing replacement pages to the reporter and describing those corrections on the
record and/or distributing an errata sheet; unless otherwise directed, no corrections other than
replacement pages wil be made in the prepared testimony before it is incorporated in the
transcript, except the reporter may make minor corrections by interlineation in the prepared
testimony. Witnesses may have seven (7) days after hearing to distribute replacement pages to all
paries and to the reporter, unless the Commission, the presiding offcer or the Commission
Secretary otherwse directs. (7 -1-93)
04. Margin Notes. The testimony of all witnesses reported in the transcript must be
designated in the lower right margin by the witness's surame and the pary sponsoring the
witness's testimony. Witnesses not sponsored by any party must be designated "Public." The
type of testimony must be shown following the witness's surame as "Di" (direct or redirect),
"X" (examination by any party not sponsoring the witness), or "Com" (examination by a
Commissioner or hearing examiner). Examples of the designations required by this Rule follow:
Accountant, Di;
ABC Company
Accountant, Com; Ratepayer, X
ABC Company Public
Discussions on the record that are not testimony or examination may be labeled "argument,"
"decision," "colloquy," etc., to describe what is reported. (7-1-93)
05. Volume Size -- Number of Pages. Transcript volumes should not exceed three
hundred (300) pages unless the transcript can be completed in three hundred fifty (350) pages or
less. Transcript volumes and pages of all proceedings on the record, including prehearing
conferences, hearings, arguments, and any other proceedings on the record, must be numbered
consecutively. For example, if a prehearing conference on the record preceded a hearing, the
transcript volume and page numbers of the hearing would be numbered consecutively with thatof the prehearing conference. (3-16-04)
06. Number of Copies -- Binding. The reporter shall prepare an original and one (1)
copy of the transcript for the Commission. The original of each transcript shall be fied with the
Commission Secretar unbound but each volume shall be separated (if applicable). Copies of the
transcript shall be fastened at the left margin in spiral or plastic-type binding, so as to open as flatas possible. (3-16-04)
07. Compressed Transcript. Any pary may request a compressed transcript having
no more than four (4) pages of regular transcript on a page. Each volume of compressed
transcript shall contain no more than two hundred (200) pages unless the transcript can be
completed in two hundred fifty (250) pages or less. A compressed transcript may be duplexed.
The pagination shall be horizontal as follows: ( )
I ; I ~ I
08. Computer-Searchable Transcript. Any pary may request a computer-
searchable disk of the written transcript. The disk shall be in Adobe Acrobat (PDF) or other
searchable format agreed upon by the reporter and the party ordering the disk. ()
0+,2. Purchase of Transcript. Any party or other person may request and pay for a
copy of a transcript or portions ofthe transcript from the reporter. (3-16-04)
(BREAK IN CONTINUITY OF SECTIONS)
301. FAILURE TO ANSWER OR APPEAR AT HEARING - DEFAULTS (Rule 301).
After an applicant's, petitioner's, complainant's or moving pary's failure to appear at the time
and place set for hearing, the Commission may dismiss the petition, application, complaint or
motion. When a respondent that has been properly served fails to answer or appear at hearing,
the Commission may order any relief against the respondent authorized by law. (7-1-93)