Mich. Admin. Code R. 460.155 - Customer hearing and hearing officers for residential and small nonresidential customers
Rule 55.
(1) If the
parties are unable to resolve the dispute, the utility shall offer the customer
the opportunity for a customer hearing before a hearing officer selected from a
list of hearing officers filed with the commission.
(2) If the customer requests a customer
hearing with the utility or with the commission regulation officer, the utility
shall place a hold on any action to shut off or suspend service until 1 of the
following occurs:
(a) The customer fails to
complete his or her responsibilities required for a customer hearing.
(b) The customer withdraws the
request.
(c) The utility and the
customer settle the dispute.
(d)
The customer hearing officer issues a decision finding that shut off or
suspension of service is appropriate.
(3) The utility shall accept notification
from a regulation officer of a customer's request for a customer
hearing.
(4) If the parties are
unable to resolve the dispute, the utility shall offer the customer the
opportunity for a customer hearing before a hearing officer selected from a
list of hearing officers filed with the commission.
(5) If the customer chooses to have a
customer hearing, the customer shall do both of the following:
(a) Notify the utility within 5 business days
of the utilitys offer for a hearing.
(b) Pay the amount not in dispute, or if the
utility and customer cannot agree, pay 50% of the disputed amount not to exceed
$100.00.
(6) If the
customer notifies the utility of the intent to pursue a customer hearing, then
the utility shall do all of the following:
(a) Complete the necessary
investigation.
(b) Schedule the
hearing within 10 business days of the customer's request for a
hearing.
(c) Hold the hearing
within 45 business days of the customer's request for a hearing.
(7) If the customer fails to pay
the part of the bill that is determined under subrule (5)(b) of this rule
within 15 business days of the date that the utility sends the hearing notice,
the utility may exercise its right to shut off service pursuant to these
rules.
(8) A utility shall select
hearing officers who meet all of the following requirements:
(a) Are on the list of hearing officers on
file with the commission.
(b) Are
notaries public who are qualified to administer oaths.
(c) Are not a past or present employee of the
utility, and they are not engaged in or have not been engaged in any other
activities that would cause bias or lack of objectivity.
(9) In January of each year, utilities shall
provide to the commission's executive secretary the name or names of selected
hearing officers and update those lists as necessary. Upon notice to the
commission, a hearing officer, other than those on the list, may be used
subject to the requirements specified in subrule (8) of this rule. Upon
request, utilities shall provide the resume of a hearing officer to the
commission or any party participating in a customer hearing.
(10) If the dispute is ultimately resolved,
in whole or in part, in favor of the customer, the utility shall return
promptly any excess amount paid by the customer, with interest at the rate
specified pursuant to
R
460.111(8).
Notes
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