Section 25.05 - Termination of Service to Elderly Persons(1)Identifying Elderly Persons. Each company shall devise procedures and methods reasonably designed to identify, before termination of service for non-payment, accounts affecting households in which all residents are 65 years of age or older. Such procedures shall be submitted by each company in writing to the Department. The Department may require, by written notification, such modifications of the 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.(2)Third Party Notification. If a customer 65 years of age or older so desires, the company shall provide to a third person designated by such customer notification of all past due bills [see220 CMR 25.02(1) ], notices of termination of service, and notices of right to a hearing at before the Department. In no event shall the third party so notified be liable for the account of the customer. 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.
(3)Termination Notice. A company may terminate service to a household in which all residents are 65 years of age or older only after such company first secures the written approval of the Department. In addition to the application for such approval filed with the Department, the company shall concurrently give written notice to the Executive Office of Elder Affairs (or any agency designated by the Executive Office of Elder Affairs for such purposes), any third person to be notified pursuant to 220 CMR 25.05(2) and the residents of such household. Such written notice shall state that an application to terminate has been filed with the Department and shall set forth the rights of the residents of the affected household to a hearing before the Department pursuant to 220 CMR 25.05(4). Prior to approval by the Department of such application, no company may send notices threatening termination of service to any household which has notified the company that all residents of the household are 65 years of age or older. 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.
(4)Investigation and Hearing. The Department shall not approve an application for termination of service to a household in which all of the residents are 65 years of age or older unless the following facts have been established in the course of an investigation: (a) The residents of the household, the Executive Office of Elder Affairs (or any agency designated by the Executive Office of Elder Affairs for such purposes), and any third person designated pursuant to 220 CMR 25.05(2) have received proper notification of termination pursuant to 220 CMR 25.00.(b) The company has in good faith attempted to secure payment by reasonable means other than termination; and(c) The company has not refused to accept any monthly installment payment agreement which is just and equitable. 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.
(5)Special Information Notice. All second requests for payment, notices of termination of service, notices of right to a hearing before the Department and all other written communications by a company to a residential customer regarding bills for service shall contain on their face or include the following notice: "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."
(6) Shut-off. Upon entering any building to make a shut-off of service to any customer therein, pursuant to M.G.L. c. 164, § 124 and M.G.L. c. 165, § 11A, the company's representative shall, prior to execution of the shut-off, state to an occupant of the home affected thereby that service is to be terminated. He shall also present such occupant with a notice as described in 220 CMR 25.05(5). If the company's representative is told that all of the occupants of the household are 65 years of age or older, service shall not be terminated unless such termination has been approved by the Department. If the occupant is not present or denies entry, the company's representative shall leave a notice as described in 220 CMR 25.05(5) at or under the occupant's door.