65- 407 C.M.R. ch. 297, § 4

Current through 2024-46, November 13, 2024
Section 407-297-4 - REGISTRATION PROCEDURES FOR SERVICE PROVIDERS AND BILLING AGGREGATORS
A. Registration Procedure.
1. Form. Billing aggregators and service providers must register on a form provided by the Commission that is notarized and signed by two officers of the applicant. A copy of the application form is attached to the rule and is available from the Commission's Administrative Director or on the Commission's Internet website.
2. Number of Copies; Service. Each applicant must file an original application, two paper copies and a copy in an electronic format specified by the Commission. A copy of the completed application with supporting documentation must be served on the Office of the Public Advocate.
3. Change in Application Information. The applicant shall inform the Commission of any change in the information provided in the application during the pendency of the application.
4. Notice of Application. The Commission will place notification of approved applications on its Internet website within two business days of the registration becoming effective.
B. Denial of Registration. The Commission may deny an application if the Commission finds that:
1. The application is incomplete and the applicant does not take reasonable steps to provide the missing information;
2. The applicant has knowingly misrepresented or omitted a material fact on the application; or
3. The applicant or a principal of the applicant has engaged in conduct in Maine or in another jurisdiction which would constitute grounds to revoke a registration under this rule.
a. The Commission may deny a registration based on conduct occurring outside of Maine only if that conduct would constitute grounds to revoke a registration if it occurred in Maine.
C. Application Review. The Director of the Commission's Consumer Assistance Division (CAD) will review all applications.
1. If the application is complete and there is no indication that grounds exist to deny the application under section 4(B) above, the registration will take effect 14 days after the filing date.
2. If the application is incomplete, the CAD Director may request additional information from applicants. If, after submission of additional information, the CAD Director is satisfied that the application meets theCommission's registration criteria, the CAD Director will approve the registration.
3. If the application is complete but there is evidence that grounds exist to deny the application under Section 4(B) above, the CAD Director will object to the application and provide notice to the applicant within 14 days.
a. If the CAD Director objects to the registration, the registration does not become effective unless expressly approved by the Commission.
i. Hearing. Unless the Commission approves the application based on the information provided to the CAD Director, the Commission shall offer the applicant an opportunity for a hearing at which the applicant may present other evidence in support of its application.
D. Registration Revocation Procedure. After notice and an opportunity for a hearing, the Commission may revoke a registration in accordance with this subsection.
1. Service Providers. The Commission may revoke the registration of a service provider who has:
a. Knowingly or repeatedly billed one or more customers for unauthorized service, provided that for the purposes of this subsection, there is a rebuttable presumption that a service provider "knowingly" billed for unauthorized charges if it cannot verify the customer's authorization for such charges, pursuant to section 2 of this rule, or
b. Engaged in any other false or deceptive billing practices prohibited by Commission rules.
2. Billing Aggregators. The Commission may revoke the registration of a billing aggregator who has:
a. Knowingly or repeatedly forwarded the charge for a service or product to a billing agent on behalf of a service provider who was required to be registered with the Commission under subsection 2 and who was not registered, provided that for purposes of this subsection, there is a rebuttable presumption that a billing aggregator acted knowingly if it forwarded a charge and if the service provider's name was not on the Commission's list of registered service providers at the time the charge was forwarded to the billing agent or if the service provider's registration had been revoked and properly noticed pursuant to sections 4(G)(1) and 4(G)(4) at the time the charge was forwarded to the billing agent; or
b. Engaged in any other false or deceptive billing practices prohibited by other Commission rules.
3. Telephone Utilities. Service providers who are telephone utilities and who are not required to register with the Commission under section 3 are subject to the jurisdiction and control of the Commission and the Commission may impose penalties as permitted under Title 35-A.
4. Notification of Revocation. The Commission shall send written notice of the revocation of a registration under this subsection to all telephone utilities and billing aggregators doing business in Maine within two business days of the revocation becoming final.

65- 407 C.M.R. ch. 297, § 4