65- 407 C.M.R. ch. 290, § 18

Current through 2024-46, November 13, 2024

Section 407-290-18 - DISPUTE RESOLUTION PROCEDURES

A.Toll-free line. An ETC shall have a toll-free number for customers to call to resolve billing and service disputes.

B.Employees available. An ETC shall have an adequate number of properly trained employees available during business hours to respond to questions from applicants and customers, resolve disputes, and address requests for service. Customers calling the toll-free number discussed in subsection A above must be provided the opportunity to talk to a live customer representative without spending an unreasonable amount of time on hold and without being forced to navigate through an unreasonable number of menu levels in an automated phone answer system.

C.Basic service disconnection limited. An ETC may not threaten disconnection or disconnect the basic service of a customer if the customer has informed the ETC that the customer disputes liability for the basic services portion of the bill, an ETC's deposit request, or the terms of a payment arrangement required by an ETC to avoid disconnection, until the dispute is resolved pursuant to subsection D below. When a customer disputes only a portion of the basic service bill, the ETC may require payment of that portion not in dispute to prevent disconnection.

D.Dispute resolution process. When an ETC becomes aware of a dispute by an applicant or customer, whether or not disconnection is pending, the ETC shall:

1.Investigate dispute. Investigate the dispute, preserving a record of the substance and results of the investigation;

2.Report results. Report the results of its investigation to the applicant or customer based on the record; and

3.Attempt to resolve dispute. Attempt in good faith to resolve the dispute.

E.Notification of right to file a complaint with the Consumer Assistance Division. If an ETC cannot resolve the dispute with the applicant or customer after the procedures set forth above have been completed, the ETC shall orally inform the applicant or customer of the right to file a complaint with the Consumer Assistance Division and of the toll-free telephone number of the Commission. If the complaint concerns a pending disconnection of basic service, the ETC shall orally inform the customer that the complaint must be filed before the disconnection date or within 2 business days of the oral notice, whichever is later. During that time, the basic service provider may not disconnect or cancel the customer's basic service.

F.Limitation of disconnection during Consumer Assistance Division investigation.

1.Limitation on disconnection pending resolution. An ETC may not threaten disconnection or disconnect service to a customer who has filed a complaint with the Consumer Assistance Division until the complaint is resolved pursuant to subsection G below.

2.Reconnection pending resolution. If a customer files a complaint after service has been disconnected or terminated, the customer is entitled to reconnection pending resolution of the complaint only if the Director or Assistant to the Director of the Consumer Assistance Division finds reasonable grounds to believe that the ETC has failed to issue a disconnection or termination notice, has issued a disconnection or termination notice that fails to substantially conform to this Chapter or has failed to notify the customer of the right to file a complaint with the Consumer Assistance Division as required by subsection E above. If the Consumer Assistance Division orders the ETC to reconnect service on this basis, the ETC shall reconnect the customer's service without reconnection charges or deposit.

G.CAD complaint process

1.Consumer Assistance Division acceptance of complaint. The Consumer Assistance Division may reject, without investigation, a complaint that is outside its jurisdiction or is without merit. A complaint may be considered to be "without merit" if, among other things, the Consumer Assistance Division has previously issued a decision regarding the same issue that is the basis for the complaint. The customer may appeal the rejection of a complaint to the Commission, except that a pending disconnection, termination or cancellation will not be delayed as provided in subsection F(1) above. If the Consumer Assistance Division accepts a complaint, the Consumer Assistance Division shall investigate the complaint.

2.Consumer Assistance Division investigation of a complaint. The Consumer Assistance Division will inform an ETC in writing, by telephone, by e-mail, by fax, or by any other means that is acceptable to both the utility and the ETC, that a complaint has been filed and the date of the filing. The Consumer Assistance Division will conduct an informal investigation of the dispute that may include:

a. an informal meeting with the customer and/or an ETC representative;

b. a review of the written record of the ETC's investigation required by subsection D above; and

c. an examination of other records, such as billing and payment information, notice of disconnection, or any other information that the Consumer Assistance Division deems relevant to the dispute.

3.Provision of information to the Consumer Assistance Division by an ETC. An ETC shall provide information requested by the Consumer Assistance Division within 10 business days of its receipt of the request. This information may include, but is not limited to, billing and payment information, notice of disconnection information, the written record of the utility's investigation of the customer's dispute required by subsection D above, or any other information in the ETC's possession or that is readily available to the ETC that the Consumer Assistance Division deems necessary to investigate the customer's dispute. If the ETC cannot provide the requested information within the 10-day time period, it may request an extension from the Director of the Consumer Assistance Division or his designee. The extension request may be made orally or in writing and it may be granted or denied orally or in writing.

4.Decision. The Consumer Assistance Division shall complete its investigation and issue a written decision as soon as practicable. The decision by the Consumer Assistance Division shall impose any just and reasonable requirements necessary to resolve the dispute.

5.Notice of appeal rights. When a decision is rendered, the Consumer Assistance Division shall inform the customer and the ETC of the right to appeal the Consumer Assistance Division's decision to the Commission and of the rights of both parties while an appeal to the Commission is pending.

H.Appeal to the Commission.

1.Appeal process. The customer or the ETC may appeal a Consumer Assistance Division decision to the Commission by filing a notice of appeal with the Administrative Director of the Commission within 10 calendar days after the date of the decision. Notwithstanding section 6(D) of the Maine Rules of Civil Procedure and section 305 of the Commission's Rules of Practice and Procedure (Chapter 110), no additional time is allowed for mailing.

2.Disconnection delayed. If an appeal is filed with the Commission, an ETC may not disconnect or terminate the customer's service until the appeal is decided.

3.Commission review. The Commission shall review the decision to determine if it complies with applicable statutory and regulatory requirements, is based on sound facts, and does not represent an abuse of discretion by the Consumer Assistance Division.

4.Order. The Commission shall issue an order affirming the Consumer Assistance Division's decision or, if the decision is not affirmed, the Commission shall:

a. remand the complaint to the Consumer Assistance Division for reconsideration with an explanation of the basis for the remand;

b. remand the complaint back to CAD to gather further facts; or

c. issue an order reversing or altering the Consumer Assistance Division's decision.

65- 407 C.M.R. ch. 290, § 18