A.R.S. 40-253 Interpretation
In Arizona Corporation Commission v. Superior Court, 21 Ariz. App. 523, 524, 521 P.2d 154, 155 (1974) the Court further analyzed the requirements of A.R.S 40-253.
The Court noted that the statute identifies those who may file an application for rehearing:
Although the group is quite large, the tone of the statute is overwhelmingly in the singular; that is, detailed procedures are set out telling each objector how to proceed with its motion. A.R.S. 40-253(B) states clearly no corporation or person may have a claim based on the provisions of an order unless that corporation or person makes a timely application for a rehearing. Id.
The purpose of the rehearing requirement is to give the Commission the opportunity to correct its own errors before a party seeks judicial relief.
It "is an expression of the doctrine of the exhaustion of administrative remedies."
"A party's failure to 'scrupulously' follow the statutory procedures established for administrative remedies deprives the superior court of jurisdiction to consider the claim for relief." See Church v. Ariz. Corp. Comm'n, 94 Ariz. 107, 111, 382 P.2d 222, 224 (1963).