Section 25.03 - Termination of Service to Customers During Serious Illness, Infant, and Winter Protection(1)Statement of Protection from Shut-off due to Financial Hardship.No company may shut off or refuse to restore utility service to the home of any customer if:
(a) It is certified to the company: 1. That the customer or someone living in the customer's home is seriously ill; or2. That there is domiciled in the home of the customer a child under 12 months of age; or3. Between November 15th and March 15th that the customer's service provides heat or operates the heating system and that the service has not been shut off for nonpayment before November 15th and(b) The customer is unable to pay any overdue bill, or any portion thereof, because of financial hardship, as defined in 220 CMR 25.01(2).(2)Procedure for Certifying Protections. A claim of protection under 220 CMR 25.03(1) may initially be made by telephone. The telephone certification shall remain valid until the filing time periods specified hereunder have expired. In the case of serious illness, the telephone call must be made by a registered physician, physician assistant, nurse practitioner or local board of health official. In response to a claim of protection, the company shall forward to the customer a financial hardship form in such a form as shall be approved by the Department and shall instruct the customer or party acting on behalf of the customer that the financial hardship form forwarded to the customer must be filled out and returned to the company within seven days from the date of receipt. The company shall also, where applicable to the particular claim: (a) Inform the customer or party acting on behalf of the customer that a registered physician, physician assistant, nurse practitioner or local board of health must forward to the company a certificate of serious illness within seven days from the date of notice. Said certificate shall state the name and address of the seriously ill person, the nature of the illness and the business address and telephone number of the certifying physician, physician assistant, nurse practitioner or local board of health; or(b) Inform the customer or party acting on behalf of the customer that written certification must be forwarded to the company within seven days from the date of notice stating the name, birth date and domicile of the child claimed to be under 12 months of age. Certification may be in the form of a birth certificate, or a letter or official documents issued by a registered physician, physician assistant, nurse practitioner, local board of health, hospital or government official, Department of Transitional Assistance, clergyman, or religious institution. The company, in turn, shall determine within seven days from the date all certifications were due back whether all claims have been appropriately certified. If the company determines that any claim has not been certified, the company shall so notify the customer in accordance with the provisions of 220 CMR 25.03(8)(c). Notice to the customer shall include a statement of the customer's right to dispute the company's determination by contacting the Department within seven days from the date of receipt of such notice.(3)Conclusive Effect of Certificates. Certification of serious illness and infancy shall be conclusive evidence of the existence of the condition claimed unless otherwise determined by the Department after investigation. A company which received fuel assistance payments in the prior winter season on behalf of a customer shall presume that customer meets the financial hardship guidelines set out in 220 CMR 25.01(2) and shall protect the account from November 15th through January 1st, in order to give the customer sufficient time to apply for fuel assistance for the current winter season. If application for fuel assistance or other certification of financial hardship is not made by January 1st the company may pursue normal collection activity consistent with 220 CMR 25.00. For all customers, the company must provide financial hardship forms and appropriate instructions for completion on or before November 15th.
A signed statement by the customer showing that his/her income falls within the financial hardship guidelines as set out in 220 CMR 25.01(2) shall be considered presumptive evidence of financial hardship unless otherwise determined by the Department.
(4)Renewal of Certification. In all cases where service is continued or restored pursuant to a claim under 220 CMR 25.03(1), the customer shall renew the financial hardship form quarterly. If the financial hardship is shown to be ongoing for the period November 15th to March 15th, renewal shall be waived for that period. However, the provisions of 220 CMR 25.03(3) shall govern where certification of financial hardship occurs due to participation in a fuel assistance program the prior winter. Certifications of serious illness shall be renewed quarterly, except that where illness is certified as chronic, the serious illness certificate shall be renewed every six months.
Certification of infancy shall remain in effect without renewal until the child reaches 12 months of age.
(5)Notices. Collection notices shall be in such form as approved by the Department. All arrearage notices shall be accompanied by a prominent written notice of the protections afforded by 220 CMR 25.03(1). No notice threatening termination of service shall be issued between November 15th and March 15th to any customer who has provided the company with a notice of financial hardship in accordance with 220 CMR 25.00, unless otherwise authorized by the Department.
(6)Appeal. Investigation and/or Hearing. If a company determines that a customer is not entitled to protection under 220 CMR 25.03(1) and the customer disputes this determination as provided in 220 CMR 25.03(2), the Company shall not terminate service pending resolution of the dispute. The Department shall investigate and may order service to be continued, restored or shut off upon such terms or conditions as are just and equitable and consistent with 220 CMR 25.00. Upon a finding by the Consumer Division of the Department that any company has failed to adhere to any of the provisions of 220 CMR 25.00 or to appropriately screen the accounts it pursues for termination between November 15th and March 15th it may require said company to obtain individual written permission from the Department, under terms the Department shall set, for each account or type of account that it desires to shut off.
(7)Procedure for Terminating Service. Upon entering any premises to shut off service to any customer therein pursuant to the provisions of 220 CMR 25.00, the company representative must, before shut-off, state to an occupant that service is to be shut off. He shall also present such occupant with a notice of the protections afforded customers under 220 CMR 25.03(1) and a financial hardship form. If the occupant claims protection, shut-off shall be postponed for 72 hours in order to allow the customer time to submit documentation supporting his/her claim or to obtain telephone certification from a physician, physician assistant, nurse practitioner, governmental agency, or religious institution as provided generally in 220 CMR 25.03(2). In the case of telephone certification, the company shall inform the calling party of the seven day deadline for submission of appropriate documentation as provided in 220 CMR 25.03(2). If service is terminated to a home when none of its occupants is present, or when entry is not allowed by the occupant, the company shall leave a notice describing serious illness, infant and winter protections and a financial hardship notice at or under the occupant's door.
If, after having postponed termination due to an oral assertion of protection under 220 CMR 25.00, the company determines pursuant to 220 CMR 25.03(2) that a customer has not appropriately certified his or her claim for protection under 220 CMR 25.03(1) and the determination has not been appealed within seven days as set out in 220 CMR 25.03(8), the company may terminate service in accordance with 220 CMR 25.03(8). During the period November 15th to March 15th, in addition to the requirements set out in 220 CMR 25.03(1) through (7), the company shall give heating account customers telephone or personal notice of the impending shut-off no earlier than three days before the shut-off.
(8)Procedure for Terminating Service after Postponement. Notwithstanding the provisions of 220 CMR 25.03(1) and 25.03(7), shut-off need not be postponed where a customer has not appropriately certified his or her claim for protection, and the company's determination that the customer does not qualify for protection has not been' appealed within seven days as set out in 220 CMR 25.03(2). However, the right to shut off service shall arise only after the company has given the customer written notice of: (a) The proposed termination date and the reason therefore;(b) The protections afforded by 220 CMR 25.03(1); and(c) The right to dispute any company decision adverse to the customer's claim for protection under 220 CMR 25.03(1) by writing or calling the Department within seven days of receipt of notice and the customer has failed to contact the Department within the allotted time. The Department's address and telephone numbers shall be provided in all notices as approved by the Department.(9)Violation of 220 CMR 25.03(1) through (8). Willful violation of 220 CMR 25.03(1) through (8), as determined after hearing as provided in 220 CMR 25.02(4), by any gas, electric or water utility company to the Department's jurisdiction, or any municipal gas or electric corporation, shall result in the imposition of a penalty of $ 100 for each violation.