54-7-17 - Stay of commission's order or decision pending appeal.
54-7-17. Stay of commission's order or decision pending appeal.
(1) A petition for judicial review does not stay or suspend the operation of the order ordecision of the commission.
(2) (a) The court may stay or suspend, in whole or in part, the operation of thecommission's order or decision after at least three days' notice and after a hearing.
(b) If the court stays or suspends the order or decision of the commission, the order shallcontain a specific finding, based upon evidence submitted to the court and identified byreference, that:
(i) great or irreparable damage will result to the petitioner absent suspension or a stay ofthe order; and
(ii) specifies the nature of the damage.
(3) (a) The court's order staying or suspending the decision of the commission is noteffective until a supersedeas bond is executed, filed with, and approved by the commission (orapproved, on review, by the court).
(b) The bond shall be payable to the state, and shall be sufficient in amount and securityto insure the prompt payment by the party petitioning for the review of:
(i) all damages caused by the delay in the enforcement of the order or decision of thecommission; and
(ii) all moneys that any person or corporation is compelled to pay, pending the reviewproceedings, for transportation, transmission, product, commodity, or service in excess of thecharges fixed by the order or decision of the commission.
(c) Whenever necessary to insure the prompt payment of damages and any overcharges,the court may order the party petitioning for a review to give additional security or to increase thesupersedeas bond.
(4) (a) When the court stays or suspends the order or decision of the commission in anymatter affecting rates, fares, tolls, rentals, charges, or classifications, it shall order the publicutility affected to pay into court, or into some bank or trust company paying interest on deposits,all sums of money collected by the public utility that are greater than the sum a person wouldhave paid if the order or decision of the commission had not been stayed or suspended.
(b) (i) Upon the final decision by the court, the public utility shall refund all moneyscollected by it that are greater than those authorized by the court's final decision, together withinterest if the moneys were deposited in a bank or trust company, to the persons entitled to therefund.
(ii) The commission shall prescribe the methods for distributing the refund.
(c) (i) If any of the refund money has not been claimed within one year from the finaldecision of the court, the commission shall publish notice of the refund:
(A) (I) once per week for two successive weeks in a newspaper of general circulationprinted and published in the city and county of Salt Lake; and
(II) in any other newspapers that the commission designates; and
(B) in accordance with Section 45-1-101 for two successive weeks.
(ii) The notice shall state the names of the persons entitled to the moneys and the amountdue each person.
(iii) All moneys not claimed within three months after the publication of the notice shallbe paid by the public utility into the General Fund.
(5) When the court stays or suspends any order or decision lowering any rate, fare, toll,
rental, charge, or classification, after the execution and approval of the supersedeas bond, thecommission shall order the public utility affected to keep accounts, verified by oath, that show:
(a) the amounts being charged or received by the public utility; and
(b) the names and addresses of the persons to whom overcharges will be refundable.
Amended by Chapter 388, 2009 General Session