Ariz. Rev. Stat. » Title 40
Arizona Revised Statutes

Ariz. Rev. Stat. § 40-252 (2026)

Rescission or amendment of orders by commission; collateral attack on final orders or decisions prohibited

✓ current as of May 2026
Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

The commission may at any time, upon notice to the corporation affected, and after opportunity to be heard as upon a complaint, rescind, alter or amend any order or decision made by it. When the order making such rescission, alteration or amendment is served upon the corporation affected, it is effective as an original order or decision. In all collateral actions or proceedings, the orders and decisions of the commission which have become final shall be conclusive.

Notes of Decisions
Cited in 20 cases, 1956–1999 · leading case: Tonto Creek Estates Homeowners Ass'n v. Arizona Corp. Comm'n, 864 P.2d 1081 (Ariz. Ct. App. 1993).
Sort: Relevance Newest Treatment
Tonto Creek Estates Homeowners Ass'n v. Arizona Corp. Comm'n, 864 P.2d 1081 (Ariz. Ct. App. 1993). · cites it 8× “AR.S. § 40-252. 1. Statutory Restrictions Article XV, Section 6 of the Arizona Constitution specifically permits the legislature to “prescribe rules and regulations to govern proceedings instituted by and before” the Corporation Commission.”
Davis v. Corp. Comm'n, 393 P.2d 909 (Ariz. 1964). · cites it 10× “When the order making such rescission, alteration or amendment is served upon the corporation affected, it is effective as an original order or decision. In all collateral actions or proceedings, the orders and decisions of the commission which have become final shall be…”
Gibbons v. Arizona Corp. Comm'n, 390 P.2d 582 (Ariz. 1964). · cites it 6× “had been the object of the previous Decision and Order by the Commission, and that therefore the action of the Commission in rescinding Decision and Order No.”
In Re Dos Cabezas Power Dist., 498 P.2d 488 (Ariz. Ct. App. 1972). · cites it 2× “Their rights exist under and by virtue of certificates of convenience and necessity obtained from the Arizona Corporation Commission in accordance with A.”
James P. Paul Water Co. v. Arizona Corp. Comm'n, 671 P.2d 404 (Ariz. 1983). · cites it 2× “A.R.S. § 40-252 provides in pertinent part, that: “The commission may at any time, upon notice to the corporation affected, and after opportunity to be heard as upon a complaint, rescind, alter or amend any order or decision made by it.”
Arizona Pub. Serv. Co. v. Arizona Corp. Comm'n, 746 P.2d 4 (Ariz. Ct. App. 1987). · cites it 4× “The companies also argue that because A.R.S. § 40-252 requires notice and an opportunity to be heard before the Commission may rescind, alter, or amend “any order or decision” made by the Commission, it would be absurd to permit the original issuance of an order without notice…”
Arizona Corp. Comm'n v. Tucson Ins. & Bonding Agency, 415 P.2d 472 (Ariz. Ct. App. 1966). · cites it 4× “A.R.S. § 40-252. The exercise of this power requires showing due cause for such action—an affirmative showing that the public interest would thereby be benefited.”
Sende Vista Water Co., Inc. v. City of Phoenix, 617 P.2d 1158 (Ariz. Ct. App. 1980). · cites it 2× “However, the trial court’s injunction also failed to provide for the possibility of a future deletion of all or a portion of the 360 acres from the certificated area pursuant to A.R.S. § 40-252. In our opinion the injunction should also be amended to reflect that, if all or any…”
James P. Paul Water Co. v. ARIZ. CORP. COM'N, 671 P.2d 404 (Ariz. 1983). · cites it 2× “[2] A.R.S. § 40-252 provides in pertinent part, that: "The commission may at any time, upon notice to the corporation affected, and after opportunity to be heard as upon a complaint, rescind, alter or amend any order or decision made by it.”
Whitfield Transp., Inc. v. Brooks, 302 P.2d 526 (Ariz. 1956). “, which requires all orders of the Commission remain in effect pending the decision of the courts, and use of the plural includes this court; and (c) it was a direct and plain invasion of the appellate and revisory powers of this court as set forth in Article 6, Section 4,…”
Arizona Corp. Com'n v. Arizona Water Co., 523 P.2d 505 (Ariz. 1974). · cites it 2× “By A.R.S. § 40-252, the Commission may at any time upon notice to a public service corporation and after opportunity to be heard rescind, alter or amend any order or decision made by it.”
U S West Commc'ns, Inc. v. Arizona Corp. Comm'n, 3 P.3d 936 (Ariz. Ct. App. 1999). “section 40-252, which states that “[t]he commission may at any time, upon notice to the corporation affected and after opportunity to be heard as upon a complaint, rescind, alter or *25 amend any order or decision made by it.”
Show all 20 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.