Each company shall devise procedures reasonably designed to provide a voluntary system of third party notification for all customers 65 years of age or older. Such procedures shall be submitted by each company in writing to the Department. The Department may require, by a written notification, such modifications of a company's procedures as it considers reasonably necessary to carry out the purposes of M.G.L. c. 164, § 124E and M.G.L. c. 165, § 1B and of 220 CMR 25.00.
The notices required by 220 CMR 25.05 shall contain language in accordance with 220 CMR 25.05(5) and shall be in such form as shall be approved by the Department prior to its use.
The scope of the investigation need not be limited to the issue cited above, but may include any matters relating to a billing dispute brought to the Department's attention.
In appropriate cases, the Department may hold a hearing as part of the investigation. However, such investigation need not include a hearing unless requested by a resident or a third person designated pursuant to 220 CMR 25.05(2). If a hearing is held as part of the investigation, it shall be conducted before a Department representative, but shall not be constructed to be an "adjudicatory proceeding" as defined by M.G.L. c. 30A.
The Department shall notify the company, the residents and any third person designated pursuant to 220 CMR 25.05(2), and the Executive Office of Elder Affairs (or any agency designated by Executive Office of Elder Affairs for such purposes) of the results of the investigation and of the right of the company or residents to appeal the decision of the Department for an adjudicatory proceeding as defined by M.G.L. c. 30A.
Within seven days of being so notified, the company, the residents, or any third person designated pursuant to 220 CMR 25.05(2) may request a hearing under M.G.L. c. 30A. If such a hearing is requested, no termination of service may occur until the proceeding has been concluded and a final order entered.
"If all residents in your house are 65 years of age or older, the company cannot terminate your service for failure to pay a past due bill without approval of the Massachusetts Department of Public Utilities (DPU). If you cannot pay your bill all at once, you may be able to work out a payment plan with the company. You have a right to a hearing at the DPU before termination. If you have any questions or want further information, call the company at (insert number) or the DPU Consumer Division at (617)-305-3531, Toll-free 1-800-392-6066 or TTY (for hearing impaired only) 1-800-323-3298."
220 CMR 25.05