XIII

PROCEDURE BEFORE COMMISSION

1. RULES OF PROCEDURE

13.1 Power of Commission to Adopt Rules.

In all of the states the commission is given the general authority to adopt rules of practice and procedure governing hearings, investigations, and proceedings before it. In Vermont the commission is also given authority to prescribe the forms of complaints and of pleadings, while in South Dakota the law provides that the forms shall conform as nearly as may be to those in use in the state courts.

13.2 No Technical Rules of Evidence.

In the following states the general authority of the commission to adopt rules is subject to the provision that no technical rules of evidence need be applied:

In North Carolina, on the other hand, rules of evidence are to be applied the same as in civil cases in courts of law.

13.3 Hearings to be Public.

In the following states, the general power of the commission is subject to the qualification that all hearings shall be open to the public, and no one desiring admission shall be excluded:

All matters upon which complaint may be founded may be joined in one hearing, and 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 review by the courts of orders or decisions of the commission the same rule shall apply with regard to the joinder of causes and parties as herein provided. Laws, 1920, Act 3775, Sec. 60.

-Calif. Gen.

This provision is also in effect in Arizona, Idaho, and Washington.

13.5 Special Provision.

Illinois:

Any party to a proceeding before the Commission shall have the right to inspect the records of all hearings, investigations or inquiries conducted by or under the authority of the Commission, which may relate to the issues involved in such proceeding; and to submit suggestions as to other matters to be investigated or as to questions to be propounded. If the Commission is satisfied that such suggested investigation should be made or such suggested questions answered, and that the information desired is within the power of either party to furnish, it shall enter an order requiring the investigation to be made or the questions to be answered, and upon failure or refusal to comply with such order, the Commission shall either refuse to grant the relief prayed for by the party refusing to comply, or may grant the relief prayed for by the opposing party against the party refusing to comply.Ill. Laws of 1921, Act Conc. Pub. Utilities, Sec. 63.

13.6 Informality of Proceedings.

The laws of Alabama, Arizona, California, Colorado, Illinois, Missouri, North Dakota, and Utah provide that no informality in any hearing, investigation, or proceeding, or in the manner of taking testimony shall invalidate any order, decision, rule, or regulation made, approved or confirmed by the commission.

13.7 Substantial Compliance with Act.

The laws of Illinois, Indiana, Kansas, Maine, Maryland, Ohio, Rhode Island, and Texas provide that a substantial compliance with the provisions of the law by the commission is sufficient to give effect to all of the acts, orders, decisions, rules, and regulations, and the same states, together with Alabama, Oregon, and Wisconsin, provide that such acts, orders, etc., of the commission shall not be declared inoperative, illegal, or void, for any omission of a technical nature in respect thereto.

2. COMPLAINTS AND INVESTIGATIONS

13.8 Usual Provisions.

Investigations, generally, are permitted to be instituted by commissions on their own motion, and are required to be so instituted upon the complaint of certain specified and qualified complainants. Usually upon the receipt of such a complaint the commission is directed to make an investigation, and if the facts appear to warrant, to hold a public hearing upon the subject complained of, due notice thereof being given to the public utility. In some of the laws, as will be shown, the commission is required to forward the complaint to the public utility, which is first given an opportunity to make amends for, and to correct any matter complained of, before investigation and hearing by the commission.

13.9 Who May Make Complaints.

The California law provides that a complaint may be made 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 politic or municipal corporation or by the commission on its own motion. The same provision has been adopted in:

Arizona

Colorado

Illinois

Missouri
North Dakota
South Carolina

South Dakota
Utah
Washington

Wisconsin permits complaints against railroads to be made by any person, firm, corporation or association or any mercantile,

agricultural or manufacturing society or any body politic or municipal organization, or with like effect by any railroad, and this provision, either identically or in substance, has been adopted in:

Alabama*

Indiana
Iowa
Michigan

Nebraska
Nevada
New Mexico

Ohio
Oregon
Texas

In Arkansas, Montana, Minnesota, New Hampshire, New York, and Pennsylvania, general complaints may be made by any person affected or aggrieved. In Kansas the law provides that complaints may be made by any person, firm, association, or corporation, or by the mayor and council of any city affected, or by the attorney for the commission; in Vermont complaints may be made by any person or corporation injured, or any state's attorney, the attorney general, or by ten or more freeholders. In West Virginia complaints may be made by any person, firm, association of persons, public officer, public or private corporation, municipality, or county; in Wyoming by any person served, or claiming the right to be served, by a public utility, or by any municipality or any corporation, chamber of commerce, or any body politic, or by the attorney general.

13.10 Rates and Service of Local Utilities.

In many of the states the commission is not required to make investigations or complaints as to the rates and service of local utilities, except when they are signed by specified complainants who presumably represent a general dissatisfaction with such rates or service. Thus, in California complaints as to the rates or service of gas, electric, telephone, or water companies, need not be investigated by the commission unless they are signed by the mayor, chairman of the board of trustees, or a majority of the council, commission, or other legislative body of the city or town in which the service is rendered, or by not less than twenty-five consumers, or prospective consumers, of the public utility complained of. This provision, either in substance or identically, has been enacted in Arizona, Colorado, Missouri, New York (as to gas and electric companies), South Carolina (as to all public utilities), Utah, Washington, and in North *As to all public utilities.

Dakota, except that in the latter state only fifteen consumers, or prospective consumers, are required. In Wyoming such complaints must be signed by a majority of the council, commission, or other legislative body of the city or county or the city or town, or by five per cent of the consumers of the public utility complained of. In Connecticut any complaints as to rates may be made by any town, city, or borough affected, or by any ten patrons of the public utility affected; in Maine by any ten persons, firms, corporations, or associations aggrieved. In Massachusetts complaints as to gas and electric rates or service may be made by the mayor of any city, or selectmen of any town, in which the service is rendered, or by any twenty consumers thereof.

13.11 Same; Other Provisions.

Complaints as to the rates or service of any public utility other than a railroad or common carrier of persons or property may be made in:

Ohio: By any person, firm, or corporation, or by commission on own motion.

Wisconsin: By any mercantile, agricultural, or manufacturing society, or by any body politic or municipal organization, or by any twenty-five persons, firms, corporations, or associations.

Oregon: By any mercantile, agricultural, or manufacturing society, or by any body politic or municipal organization, or by any three persons, firms, corporations, or associations.

Indiana: By any mercantile, agricultural, or manufacturing society, or by any body politic or municipal organization, or any ten persons of all or any of the aforementioned classes.

Maryland: By mayor or chief official or officials of the municipality or county affected, or by one hundred customers of the public utility complained of.

Montana By any mercantile, agricultural, or manufacturing society or club, or by any body politic or municipal organization, or any association, person, firm, or corporation which is directly affected.

New Hampshire: By the council or mayor of any city or selectmen of any town affected, or by not less than one hundred

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