Title 40 - Public Utilities and Carriers

§ 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; conflict of interest
§ 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
§ 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
§ 40-210 Contractors; requirements; prohibition; definition
§ 40-211 Public service corporations; electronic filings
§ 40-212 Internet protocol services; definitions
§ 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
§ 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 retail telecommunications services
§ 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
§ 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; exemption
§ 40-286 Exemption from antitrust statutes
§ 40-287 Value of certificated area
§ 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
§ 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
§ 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, video service networks or cable television systems
§ 40-355 Franchises, charters and ordinances of local governments not affected
§ 40-356 Nonseverability
§ 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
§ 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
§ 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
§ 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
§ 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
§ 40-376 Payment responsibility; private water companies; sewer corporations
§ 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
§ 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
§ 40-441 Commission safety regulations, rules and orders; definitions
§ 40-442 Civil penalty for violation; deduction; other remedies
§ 40-461 Definitions
§ 40-462 Residential utility consumer office; director
§ 40-464 Powers and duties
§ 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
§ 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
§ 40-831 Right of way through public lands; appropriation of water
§ 40-832 Right of way through lands of persons under disability
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 40-1151 Definition
§ 40-1152 Public transportation services; contracts and agreements; fares and service charges; educational institutions; financial grants
§ 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