Mich. Admin. Code R. 460.157 - Customer hearing procedures

Rule 57.

(1) A utility shall establish hearing procedures that ensure the impartiality and integrity of the hearing process and that provide the customer and the utility with all of the following rights:

(a) The right to represent themselves, to be represented by counsel, or to be assisted by persons of their choice.

(b) The right to examine, not less than 2 business days before the scheduled hearing, a list of all witnesses who will testify and all documents, records, files, account data, and similar material that may be relevant to the issues to be raised at the hearing.

(c) The right to present evidence, testimony, and oral and written arguments.

(d) The right to question witnesses who will be appearing on behalf of the other party.

(2) A hearing shall be held during normal business hours, except as otherwise agreed to by all parties. A utility shall take reasonable steps to ensure that a customer who is unable to attend the hearing due to physical incapacity is not denied the right to a hearing. Failure of the customer, or the utility, to attend the hearing without a good reason, or without having requested an adjournment, constitutes a waiver of the right of that party to the hearing.

(3) For the convenience of the parties, a hearing officer may conduct the hearing by telephone or other electronic media. In this case, all parties shall provide any documents to be introduced at the hearing to the other parties and the hearing officer at least 2 business days in advance of the hearing date.

(4) The utility has the burden of proof by a preponderance of the evidence.

(5) All witnesses who appear for either party shall testify under oath.

(6) A hearing shall be informal and the proceedings do not have to be recorded or transcribed. All relevant evidence shall be received and the formal rules of evidence shall not apply.

(7) For each hearing, the hearing officer shall compile a hearing record that includes all of the following:

(a) A concise statement, in writing, of the position of the utility.

(b) A concise statement, in writing, of the position of the customer. If the customer has not put his or her position in writing, then the hearing process shall provide a method for accomplishing this writing with the opportunity for proper acknowledgment by the customer.

(c) Copies of all evidence submitted by the parties.

(8) At the conclusion of the hearing, the hearing officer may orally state his or her findings and the decision; or, may adjourn the hearing and inform the parties that the decision will be transmitted to them within 10 business days. At the request of the customer, the hearing officer shall adjourn the hearing and transmit the decision to the parties within 10 business days of the conclusion of the hearing. In either case, the hearing officer shall issue a complaint determination in a form that is approved by the commission. The complaint determination shall contain both of the following:

(a) A concise summary of the evidence and arguments presented by the parties.

(b) The decision, and the reasons for the decision, based solely on the evidence received.

(9) At the conclusion of the hearing and again upon issuance of the complaint determination, the hearing officer shall advise the customer and the utility of all of the following:

(a) That each party has a right to appeal the decision to the commission staff, by mail, telephone, internet, fax, or in person, within 15 business days of issuance of the complaint determination.

(b) That, if appealed, the decision of the hearing officer, including a finding that service may be shut off, cannot be implemented until the commission staff completes a review.

(c) The address and telephone number where the customer or the utility may make an informal appeal to the commission staff.

(10) Before issuance of a complaint determination, the hearing officer may propose a settlement to the parties. If both parties accept the settlement, it shall be put in writing and both parties shall sign the settlement agreement.

(11) Within 10 business days of the conclusion of the hearing, the hearing officer shall serve the parties with all of the following:

(a) A copy of the complaint determination.

(b) Appeal information as provided in subrule (9) of this rule.

(c) If applicable, a copy of the signed settlement agreement as provided in subrule (10) of this rule.

(12) The complaint determination and a copy of the signed settlement agreement, if any, shall be made part of the hearing record. The hearing officer shall certify the hearing record.

(13) The complaint determination is binding upon the parties, unless appealed, as provided in R 460.160 to R 460.169.

(14) A utility's hearing procedures shall be subject to investigation and review by the commission.

Notes

Mich. Admin. Code R. 460.157

2007 AACS; 2017 MR 22, Eff. 12/11/2017