SB165 - Changes the procedure for appeal of a Public Service Commission order
SB 165 Changes the procedure for appeal of a Public Service Commission order
Sponsor: Bartle
LR Number: 0887L.07C Fiscal Note: 0887-07
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 5/13/2005 - H Calendar S Bills for Third Reading w/HCS Journal Page:
Title: HCS#2 SB 165 Calendar Position:
Effective Date: August 28, 2005

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Current Bill Summary


HCS#2/SB 165 - This act changes the appeal of a Public Service Commission orders. The notice of appeal must be filed with the Commission, rather than a circuit court. The Commission shall forward the notice of appeal to the appropriate appellate court and notify all parties to the case. The Commission shall forward the record of the case to the appellate court and no new evidence may be introduced. Nothing shall prohibit a court from issuing remedial writs and equitable relief. The filing of the notice of appeal shall not automatically stay the commission's order. The appealing party may ask the appellate court to appoint a special master to determine whether the order must be stayed. Prior to a hearing, the party requesting the stay must post an amount necessary to pay the costs of the special master with the appellate court. The parties shall have three days notice before the hearing. In order to stay or suspend the order, the special master must specifically find that great or irreparable damage would result to the petitioner and specify the nature of the damage. The findings and recommendations of the special master shall become the decision of the appellate court if adopted by the court. The order of the commission cannot be stayed or suspended until a supersedeas bond has been filed with the special master and approved by the appellate court.

Where appeal is taken to the appellate court, the case shall be heard in an expedited manner. The act repeals provisions of current law that establishes a process for appealing a Commission decision, except for a provision that the general laws relating to appeals shall apply unless in conflict with specific provisions relating to appeals of commission orders.

JIM ERTLE