| Article 1 |
In General |
|
40-101
|
Interest of commissioner or employee prohibited in corporation subject to regulation |
|
40-102
|
Corporation commission organization; meetings; acts of commission by majority or by single commissioner |
|
40-103
|
Corporation commission seal |
|
40-105
|
Executive director; appointment; powers and duties |
|
40-106
|
Legal services |
|
40-108
|
Compensation of appointees and employees |
|
40-109
|
Salaries and expenses of corporation commissioners |
|
40-110
|
Consumer services section |
|
40-112
|
Fees for certification and duplication |
|
40-113
|
Consumer outreach and education |
| Article 1 |
Regulation by Corporation Commission |
|
40-201
|
Definitions |
|
40-202
|
Supervising and regulating public service corporations; telecommunications promotion; competitive electricity market; rules; duty to comply; exemptions for electric generation; unlawful practice |
|
40-203
|
Power of commission to determine and prescribe rates, rules and practices of public service corporations |
|
40-204
|
Reports by public service corporations to commission; duty of corporation to deliver documents to commission; confidential nature of information furnished; exception; classification |
|
40-205
|
Regulation of commercial flight operators by commission prohibited; definitions |
|
40-206
|
Exemption of motor carriers |
|
40-207
|
Electricity suppliers; rules |
|
40-208
|
Service territories; open competition |
|
40-209
|
Franchises; electric generation suppliers; limitations |
| Article 2 |
Accounting |
|
40-221
|
Power of commission to prescribe record‑keeping methods and accounts; conformity with interstate commerce commission requirements; limitation on keeping of accounts |
|
40-222
|
Depreciation accounting |
| Article 3 |
Investigations, Hearings and Appeals |
|
40-241
|
Power to examine records and personnel of public service corporations; filing record of examination |
|
40-242
|
Production of records kept without state |
|
40-243
|
Conduct of hearings and investigations; representation by corporate officer or employee; arbitration |
|
40-244
|
Administration of oaths and certification to official acts by commissioners; taking of depositions; witness fees and mileage |
|
40-245
|
Admissibility in evidence of copies of documents filed with commission; orders, authorizations or certificates issued by commission required to be in writing; recording |
|
40-246
|
Complaint alleging violation by public service corporation of law or rule or order of commission; exception; joinder of complaints; notice of hearing |
|
40-247
|
Hearing; process to witnesses; report of proceedings; decision; service of order |
|
40-248
|
Reparation of overcharge; action to recover overcharge; limitations |
|
40-249
|
Complaint by public service corporation; hearing |
|
40-250
|
Hearing on rate or other change in operations by public service corporation; establishment of rates or other practices by order of commission; rates for telecommunications markets |
|
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 |
|
40-252
|
Rescission or amendment of orders by commission; collateral attack on final orders or decisions prohibited |
|
40-253
|
Application for rehearing; hearing; effect; decision |
|
40-254
|
Action to set aside or modify certain orders of commission; filing; limitation; superior court |
|
40-254.01
|
Action to set aside or modify certain commission orders; limitation; court of appeals |
|
40-255
|
Precedence of actions |
|
40-256
|
Time periods for rate decisions; calculation; simplified filing rules; interim rates and charges; definitions |
| Article 4 |
Certificates of Convenience and Necessity and Franchises |
|
40-281
|
Certificate required before construction by public service corporation; exceptions; complaint by corporation injuriously affected by construction hearing; exclusive franchise or monopoly |
|
40-282
|
Application for certificate; hearing; application upon contemplated franchise |
|
40-283
|
Transmission lines; use of public streets for utility right‑of‑way; notice; election |
|
40-284
|
Restrictions upon conduct of public service business by foreign corporations |
|
40-285
|
Disposition of plant by public service corporations; acquisition of capital stock of public service corporation by other public service corporations |
|
40-286
|
Exemption from antitrust statutes |
|
40-287
|
Value of certificated area |
| Article 5 |
Stocks and Bonds |
|
40-301
|
Issuance of stocks and bonds; authorized purposes |
|
40-302
|
Order authorizing issuance of stocks, bonds or other evidences of debt; hearing on application to issue; amount of issue; issuance of short term notes without commission order; capitalization of certain items prohibited; accounting for proceeds of issues |
|
40-303
|
Validity of stock certificates or evidences of indebtedness; violation of law or commission authorizations; classification |
| Article 6 |
Service and Facilities |
|
40-321
|
Power of commission to determine adequacy of service rendered by public service corporation; enforcement by order or regulation; duty of compliance by corporation; surety; utility surety fund |
|
40-322
|
Regulation of public service corporations; standards of service; measurement standards; inspections by commission |
|
40-323
|
Commission rules and regulations to regulate time for furnishing services by railroad and telephone and telegraph companies; uniformity of demurrage charges |
|
40-324
|
Power of commission to order changes in service to insure adequate service by railroad |
|
40-325
|
Power of commission to order physical connection between railroad companies |
|
40-326
|
Duty of railroad company to make connection with track of private shipper; conditions |
|
40-327
|
Order by commission for connection or spur; right to connect to private track; order to company to switch cars of another corporation |
|
40-328
|
Duty of telephone and telegraph companies to handle messages of connecting companies |
|
40-329
|
Power of commission to order connections and joint rates between telephone or telegraph companies |
|
40-331
|
Power of commission to order additions, improvements or changes in plant of public service corporations; additions or changes made jointly |
|
40-332
|
Power of commission to order joint use of facilities belonging to public service corporation |
|
40-334
|
Discrimination between persons, localities or classes of service as to rates, charges, service or facilities prohibited |
|
40-335
|
Persons who may be given free or reduced rates; definitions; carriage during emergency; annual report of reduced rate carriage |
|
40-336
|
Power of commission to require safety devices |
|
40-337
|
Power of commission over railway crossings |
|
40-337.01
|
Installation of automatic warning devices; agreements for sharing cost; apportionment of cost |
|
40-337.02
|
Allocation of funds for automatic warning signals at railway crossings |
|
40-337.03
|
Determination of location of automatic warning signals |
|
40-338
|
Accidents on property of public service corporations; investigation; report |
|
40-339
|
Refusal of common carrier to receive or carry passenger; classification |
|
40-340
|
Emergency telephone numbers; use; restrictions |
| Article 6.1 |
Conversion of Overhead Electric and Communication Facilities |
|
40-341
|
Definitions |
|
40-342
|
Petitions of owners for cost study establishing an underground conversion service area |
|
40-343
|
Petition of owners and petition of public service corporation or public agency for establishment of underground conversion service area; notice of proposed lien |
|
40-344
|
Hearing on petition; notice |
|
40-345
|
Procedure for making and hearing protests and objections and withdrawing signatures |
|
40-346
|
Hearing on petition by corporation commission, board of supervisors or city or town council; determination of economic and technical feasibility; addition or elimination of certain areas |
|
40-347
|
Establishment of conversion costs; apportionment of costs; method of payment |
|
40-348
|
Conversion of service lines on owner's property; payment; notice of disconnection to owner |
|
40-349
|
Permit or easement for conversion of service lines to be furnished by owner |
|
40-350
|
Lien for cost of conversion; procedure to perfect lien; recording notice of lien; default; limitation of action to foreclose lien; disconnection of service upon default |
|
40-351
|
Sale of property to satisfy lien |
|
40-352
|
Relocation of underground facilities; public service corporation or public agency to be reimbursed for cost thereof |
|
40-353
|
Application of article; reinstallation of overhead facilities prohibited |
|
40-354
|
No extension of corporation commission jurisdiction to public agencies or cable television systems |
|
40-355
|
Franchises, charters and ordinances of local governments not affected |
|
40-356
|
Nonseverability |
| Article 6.2 |
Power Plant and Transmission Line Siting Committee |
|
40-360
|
Definitions |
|
40-360.01
|
Organization and membership of the committee |
|
40-360.02
|
Plans; filing; failure to comply; classification |
|
40-360.03
|
Applications prior to construction of facilities |
|
40-360.04
|
Hearings; procedures |
|
40-360.05
|
Parties to certification proceedings |
|
40-360.06
|
Factors to be considered in issuing a certificate of environmental compatibility |
|
40-360.07
|
Compliance by utility; commission order |
|
40-360.08
|
Transfer of certificate; compliance by committee; commission and review panel; authorization to construct |
|
40-360.09
|
Filing fees; utility siting fund |
|
40-360.10
|
Expenditure of funds |
|
40-360.11
|
Jurisdiction of courts |
|
40-360.12
|
Jurisdiction of the commission |
|
40-360.13
|
Certificate of environmental compatability; availability of groundwater and impact on groundwater management plan |
| Article 6.3 |
Underground Facilities |
|
40-360.21
|
Definitions |
|
40-360.22
|
Excavations; determining location of underground facilities; providing information; excavator marking; on‑site representative; validity period of markings; liability for misuse of locate requests; detectible underground locating devices; civil penalty |
|
40-360.23
|
Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks |
|
40-360.24
|
Notice of damage to underground facility |
|
40-360.25
|
Injunction; mandamus |
|
40-360.26
|
Damage of underground facility; liability to owner; homeowner and tenant exemption |
|
40-360.27
|
Liability for attorney fees; administrative costs and expenses |
|
40-360.28
|
Civil penalty; liability |
|
40-360.29
|
Charters and ordinances of governments not affected; preemption |
|
40-360.30
|
Installation records of underground facilities |
|
40-360.31
|
Routine road maintenance; prior notification |
|
40-360.32
|
One‑call notification center membership; termination; designated representatives |
| Article 6.4 |
High Voltage Power Lines and Safety Restrictions |
|
40-360.41
|
Definitions |
|
40-360.42
|
Activity near overhead line; safety restrictions |
|
40-360.43
|
Activity in close proximity to lines; clearance arrangements; procedure; payment; notice |
|
40-360.44
|
Violation; civil penalty |
|
40-360.45
|
Exemptions |
| Article 6.5 |
Utility Planning |
|
40-360.51
|
Definitions |
|
40-360.52
|
Planning |
|
40-360.53
|
Utility facilities included in municipal and county plans |
|
40-360.54
|
Effect on existing rights |
| Article 7 |
Rates and Rate Schedules |
|
40-361
|
Charges by public service corporations required to be just and reasonable; service and facilities required to be adequate, efficient and reasonable; rules and regulations relating to charges or service required to be just and reasonable |
|
40-362
|
Power of commission to investigate interstate rates |
|
40-365
|
Filing of rate schedules by public service corporations |
|
40-366
|
Names of parties to joint schedule required on schedule; filing required by only one party with concurrence of other parties |
|
40-367
|
Changes of rates; notice; filing; exception |
|
40-368
|
Sliding scale of charges |
|
40-369
|
Limitations on relative charges by telephone and telegraph companies for long and short distance messages |
|
40-370
|
Water utility surcharges to recover operating costs; notice; definition |
|
40-371
|
Limitation of passenger fares to three cents per mile; exceptions; violation; classification |
|
40-372
|
Street railways; fares; transfers |
|
40-373
|
Permitting or obtaining transportation at less than schedule rates prohibited |
|
40-374
|
Prohibition of rebates and agreements |
|
40-375
|
Fraudulent means or attempts to obtain rebate or damage prohibited |
| Article 8 |
Annual Assessments |
|
40-401
|
Annual assessment by commission against public service corporations; exception; rate of assessment; date of levy; annual statement of company intrastate revenue |
|
40-401.01
|
Residential utility consumer assessment; exceptions; rate of assessment; date of levy; annual statement of company intrastate revenue |
|
40-402
|
Findings of fact defined |
|
40-403
|
Objection to statement of assessment; hearing; notice of findings; compliance by company |
|
40-404
|
Making of objection to assessment as condition of action to recover assessment paid |
|
40-405
|
Action to enjoin collection of assessment prohibited; action to recover assessment paid; limitation |
|
40-406
|
Exclusive procedure to determine legality of assessments and to recover assessments paid |
|
40-407
|
Enforcement of payment; seizure and sale of property |
|
40-408
|
Disposition of assessment proceeds; utility regulation revolving fund; exemption from lapsing |
|
40-409
|
Disposition of residential utility consumer assessment proceeds; residential utility consumer office revolving fund; exemption from lapsing |
| Article 9 |
Violations and Penalties |
|
40-421
|
Enforcement of laws relating to public service corporations |
|
40-422
|
Action by commission to enjoin violations or threatened violations; venue; time for answer; joinder of parties |
|
40-423
|
Liability of public service corporation to persons for injury resulting from violation of chapter |
|
40-424
|
Contempt of corporation commission; penalty |
|
40-425
|
Penalty for violations not otherwise provided for; separate and continuing offenses; responsibility of corporation for acts of officers, agents or employees |
|
40-426
|
Violations by officers, agents or employees of public service corporations; classification |
|
40-427
|
Violations by corporations other than public service corporations; violations by officers, agents or employees of corporations other than public service corporations; classification |
|
40-428
|
Cumulative nature of penalties |
|
40-429
|
Actions to recover penalties; venue |
|
40-430
|
Limitations on requiring bond of employees by common carrier; violation; classification |
|
40-431
|
Preventing officer or agent of public service corporation from examining property; violation; classification |
|
40-432
|
Agent or employee of telegraph or telephone company using information contained in message; classification |
|
40-433
|
Agent or employee of telegraph or telephone company failing or refusing to send or deliver message; classification |
| Article 10 |
Pipeline Safety |
|
40-441
|
Commission safety regulations, rules and orders; definitions |
|
40-442
|
Civil penalty for violation; deduction; other remedies |
|
40-443
|
Pipeline safety revolving fund |
| Article 11 |
Residential Utility Consumer Office |
|
40-461
|
Definitions |
|
40-462
|
Residential utility consumer office; director |
|
40-464
|
Powers and duties |
| Article 12 |
Tampering With Utility Equipment and Service |
|
40-491
|
Definitions |
|
40-492
|
Tampering with a utility; civil action |
|
40-493
|
Damages; costs; attorney fees |
|
40-494
|
Presumption of violation |
|
40-495
|
Excess damages considered in establishing rates |
| Article 1 |
Organization, General Powers and Duties |
|
40-801
|
Stock subscription required to form railroad corporation |
|
40-802
|
Articles of incorporation |
|
40-803
|
Filing and recording articles; commencement of business; amendment of articles to provide for perpetual existence |
|
40-804
|
Organization of board of directors; officers; adoption of by‑laws by directors; ratification by shareholders |
|
40-805
|
Records required to be kept by secretary |
|
40-806
|
Call for installments on stock subscriptions; notice; action to collect from defaulting subscriber |
|
40-807
|
Certification by president and secretary of paid‑in capital stock |
|
40-808
|
General powers of railroad corporations |
|
40-809
|
Specific powers of railroad corporations |
|
40-810
|
Power to borrow money; issuance of notes and bonds; mortgage of property and franchise; sinking fund to redeem bonds |
|
40-811
|
Contracting debt exceeding means of corporation to pay; classification; validity of debt |
|
40-812
|
Extension of lines; purchase of property and franchise of another railroad company; sale of property; limitations; consolidations; exceptions |
|
40-813
|
Organization of new corporation on sale at foreclosure; powers |
|
40-814
|
Duty of railroads to transport; liability for failure; exceptions |
|
40-815
|
Establishment or maintenance of employee association involving compulsory membership or waiver of rights prohibited |
| Article 2 |
Rights of Way and Acquisition of Land |
|
40-831
|
Right of way through public lands; appropriation of water |
|
40-832
|
Right of way through lands of persons under disability |
| Article 3 |
Safety |
|
40-841
|
Duty of commission to prescribe standards of safety and safety devices |
|
40-842
|
Service of complaint; answer; hearing; intervention |
|
40-843
|
Order of decision upon hearing; allowance of time for compliance with order; review of order by superior court; appeal |
|
40-844
|
Enforcement of article; compliance with commission regulations and orders |
|
40-845
|
Violation; penalty; action to collect penalty |
|
40-846
|
Electric headlights; violation; penalty |
|
40-847
|
Bells on locomotives; violation; penalties |
|
40-848
|
Automatic bell ringer required; violation; classification |
|
40-849
|
Transportation of employees; equipment required; violation; classification; time to comply |
|
40-852
|
Allowing engine or car to remain upon public crossing; classification |
|
40-854
|
Failure to warn at public crossing; classification |
|
40-855
|
Violation of duty by railroad officer or employee; classification |
|
40-856
|
Railroad police; powers; qualifications; liability of company |
| Article 4 |
Crew Requirements |
|
40-881
|
Train crew requirements |
|
40-882
|
Train crews; penalty for violation of full crew requirements |
|
40-883
|
Exceptions to full crew requirements |
|
40-884
|
Train dispatcher; age and experience; violation; classification |
|
40-886.02
|
Featherbedding |
| Article 1 |
In General |
|
40-1001
|
Unclaimed freight or baggage |
|
40-1002
|
Sale; notice; posting and publication |
|
40-1003
|
Inspection; record of sale |
|
40-1004
|
Proceeds of sale; disposition |
|
40-1005
|
Perishable freight or baggage |
| Article 2 |
Metropolitan Public Transit Authorities |
|
40-1111
|
Definitions |
|
40-1112
|
Qualifying bodies which may form authority; purposes |
|
40-1113
|
Procedures required to organize an authority |
|
40-1114
|
Authority subject to law and regulations; nonprofit status |
|
40-1115
|
Inclusion of additional areas |
|
40-1116
|
Judicial review of action of municipality or county |
|
40-1117
|
Condemnation privilege |
|
40-1118
|
Exemption from taxation |
| Article 3 |
Organization and Powers of Metropolitan Public Transit Authority |
|
40-1121
|
Board of directors of authority; qualifications; appointment; terms; oath; meetings; compensation |
|
40-1122
|
Powers and duties of the board |
|
40-1123
|
Officers and employees of authority |
|
40-1124
|
General powers of an authority |
|
40-1125
|
Cooperation with state or other agencies |
|
40-1126
|
Cooperation with federal government |
|
40-1127
|
Rates and charges |
|
40-1128
|
Dissolution of authority |
| Article 4 |
Financing for Metropolitan Public Transit Authority |
|
40-1131
|
Bonds |
|
40-1132
|
Power to secure bonds; reimbursement for advance |
|
40-1133
|
Provision of bond resolution; covenants |
|
40-1134
|
Validity of bonds |
|
40-1135
|
Prior lien of bonds |
|
40-1136
|
Bond obligations of the metropolitan public transit authority |
|
40-1137
|
Bonds as legal investments |
|
40-1138
|
Limitation on indebtedness |
|
40-1139
|
Annual financial statement of authority; estimate of expenses; notice of hearing on estimate |
|
40-1140
|
Hearing on estimates; adoption of proposed budget |
|
40-1141
|
Metropolitan public transit authority levy |
|
40-1142
|
Investment of funds by board |
|
40-1143
|
Bids required by board; exception |
|
40-1144
|
Claims against the authority |
|
40-1146
|
Certification of bonds and approval of contracts by attorney general |
|
40-1147
|
Supplemental law |
| Article 5 |
Intergovernmental Contract and Agreements for Public Transportation Services |
|
40-1151
|
Definition |
|
40-1152
|
Public transportation services; contracts and agreements; fares and service charges; educational institutions; financial grants |
| Article 1 |
General Provisions |
|
40-1201
|
Definitions |
|
40-1202
|
Power of commission to prohibit sale or installation of gas appliances equipped with pilot lights; exemption |
|
40-1203
|
Establishment of specifications for certification of intermittent ignition devices |
|
40-1204
|
Duty of commission to notify affected manufacturers |
|
40-1205
|
Creation and distribution of seal of certification; prohibition on sale, distribution, or installation without seal |
|
40-1206
|
Injunction; parties |
|
40-1207
|
Failure to comply with chapter; penalty |
