(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;
or
2. That there is domiciled in
the home of the customer a child under 12 months of age; or
3. 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.
