Title 61 — PUBLIC UTILITY REGULATION

61-601. Practice — Evidence. All hearings and investigations before the commission or any commissioner shall be governed by this act and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission nor any commissioner shal…

61-602. Process. The commission and each commissioner shall have power to issue writs of summons and subpoenas, warrants of attachment in the like manner and to the same extent as courts of record. The process issued by the commission or any commissioner shall extend to all parts…

61-603. Witnesses — Attendance — Fees — Mileage. The commission and each commissioner shall have power to administer oaths, certify to all official acts, and to issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents and …

61-604. Witnesses — District court may compel attendance — Procedure. The district court in and for the county, or city and county in which any inquiry, investigation, hearing or proceeding may be held by commission or any commissioner shall have the power to compel the attendanc…

61-605. Depositions. The commission or any commissioner or any party may in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions…

61-606. No privilege to witnesses — Immunity from self-incriminating testimony. No person shall be excused from testifying or from producing any book, waybill, document, paper or account in any investigation or inquiry by or hearing before the commission or any commissioner, when…

61-607. Certified copies of documents as evidence. Copies of official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary under the official seal of the commission to be true copies of the origi…

61-608. Recording of orders, authorizations and certificates. Every order, authorization or certificate issued or approved by the commission under any provision of sections 61-510 to 61-514, and 61-526 to 61-529, Idaho Code, shall be in writing and entered on the records of the c…

61-609. Fees. The commission shall charge and collect reasonable fees for copies of papers and records as established by rule or general order of the commission. No fees shall be charged or collected for copies of papers, records or official documents, furnished to the public off…

61-610. Right to inspect books and examine employees. (1) The commission, each commissioner and each person employed by the commission shall have the right at any and all reasonable times to inspect the accounts, books, papers and documents of any public utility. The commission s…

61-611. Production of books without state. The commission may require, by order served on any public utility in the manner provided herein for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers or rec…

61-612. Complaint against utility. Complaint may be made by the commission of its own motion or by any corporation or person, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural or manufacturing association or organization or any body …

61-613. Complaint against utility — Joinder. All matters upon which complaint may be founded may be joined in one (1) hearing, no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties; and in any re…

61-614. Complaint against utility — No dismissal. The commission shall not be required to dismiss any complaint because of the absence of direct damage to the complainant.

61-615. Complaint against utility — Service of copy of complaint. Upon the filing of a complaint, the commission shall cause a copy thereof to be served upon the corporation, or person complained of. Service in all hearings, investigation and proceedings pending before the commis…

61-616. Complaint against utility — Time and place of hearing. The commission shall fix the time when and place where a hearing will be had upon the complaint and shall serve notice thereof, not less than twenty (20) days before the time set for such hearing, unless the commissio…

61-617. Hearing — Process for attendance of witnesses. At the time fixed for any hearing before the commission or a commissioner, or the time to which the same may have been continued, the complainant and the corporation or person complained of, and such corporations or persons a…

61-617A. Award of costs of intervention. (1) It is hereby declared the policy of this state to encourage participation at all stages of all proceedings before the commission so that all affected customers receive full and fair representation in those proceedings. (2) The commissi…

61-618. Decision — Service of order — Time effective — Extension of time. After the conclusion of the hearing, the commission shall make and file its order, containing its decision. A copy of such order, certified under the seal of the commission, shall be served upon the corpora…

61-619. Record. A full and complete record of all proceedings had before the commission or any commissioner on any formal hearing had, and all testimony shall be taken down by a reporter appointed by the commission, and the parties shall be entitled to be heard in person or by at…

61-621. Complaint by utility. Any public utility shall have a right to complain on any of the grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases, except that the complaint may be heard ex …

61-622. Finding of commission necessary for increase in rate and approval of a new tariff or schedule — suspension. (1) No public utility shall raise any existing rate, rental, or charge or so alter any existing classification, contract, practice, rule, service, or regulation as …

61-622A. Commission authority — Cost allocation. For any telephone corporation which provides telecommunication services pursuant to both title 61, Idaho Code, and title 62, Idaho Code, the commission may, or at the request of a telephone corporation shall, establish procedures f…

61-624. Rescission or change of orders. The commission may at any time, upon notice to the public utility affected, and after opportunity to be heard as provided in the case of complaints, rescind, alter or amend any order or decision made by it. Any order rescinding, altering or…

61-625. Orders not subject to collateral attack. All orders and decisions of the commission which have become final and conclusive shall not be attacked collaterally.

61-626. Reconsideration — Procedure — Order not stayed — Change of original order. (1) After an order has been made by the commission, any corporation, public utility or person interested therein shall have the right, within twenty-one (21) days after the date of said order, to p…

61-627. Appeal to supreme court — Notice of appeal — Matters reviewable on appeal — Extent of review — Record on appeal. After a petition for reconsideration is denied, or, if the petition is granted, then after the rendition of the decision on reconsideration, the state of Idaho…

61-629. Matters reviewable on appeal — Extent of review — Judgment. No new or additional evidence may be introduced in the Supreme Court, but the appeal shall be heard on the record of the commission as certified by it. The review on appeal shall not be extended further than to d…

61-630. Right to be heard on appeal. The commission and any party to the proceeding whether served with notice of appeal or not shall have the right to appear and be heard on any appeal taken hereunder.

61-631. Costs on appeal — Enforcement. Whenever costs are awarded to a party by the supreme court, the party claiming such costs shall file a memorandum of costs in such manner as the supreme court shall direct by its rules. Costs taxed in the supreme court shall be added to any …

61-633. Stay of order — Notice. No court of this state shall enjoin or restrain the enforcement of any order of the commission or stay the operation thereof, unless the applicant for such writ shall give three (3) days’ notice of said application to all adverse parties and to the…

61-634. Stay of order — Bond. In case the order or decision of the commission is stayed or suspended, the order shall not become effective until a suspending bond has been executed and filed with and approved by the commission, or by the court of review, conditioned in manner and…

61-635. Stay of order on appeal. The pendency of an appeal shall not of itself stay or suspend the operation of the order of the commission, but during the pendency of such appeal, the Supreme Court may stay or suspend, in whole or in part, the operation of the commission’s order…

61-636. Stay of order on appeal — Notice. No order so staying or suspending an order or decision of the commission shall be made by the court otherwise than upon a three (3) days’ notice and after hearing, and if the order or decision of the commission is suspended, the order sus…

61-637. Stay of order on appeal — Bond. In case the order or decision of the commission is stayed or suspended, the order of the court shall not become effective until a suspending bond shall first have been executed and filed with and approved by the commission (or approved on r…

61-638. Stay of order on appeal — Accounts pending final decision. In case the court stays or suspends any order or decision lowering any rate, rental, charge, or classification, the commission, upon the execution and approval of said suspending bond, shall forthwith require the …

61-640. Hearings to determine valuations. For the purpose of ascertaining the matters and things specified in section 61-523, concerning the value of the property of public utilities, the commission may cause a hearing or hearings to be held at such time or times and place or pla…

61-641. Overcharge — Reparation. When complaint has been made to the commission concerning any rate, fare, toll, rental or charge for any product, or commodity, furnished or service performed by any public utility, and the commission has found, after investigation, that the publi…

61-642. Overcharge — Recovery of payment. If the public utility does not comply with the order for the payment or reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover the same. All complaints concerning exces…