Or. Admin. Code § 860-034-0060 - Dispute Resolution
(1) When a
dispute occurs between a customer or applicant and a small telecommunications
utility about any charge or service, the utility must:
(a) Thoroughly investigate the matter;
(b) Promptly report the results of
its investigation to the complainant;
(c) Inform the complainant of the right to
have a small telecommunications utility supervisor review any dispute;
(d) Prepare a written record of
the dispute including the name and address of the complainant involved, the
date the complaint was received, the issues in dispute, and the disposition of
the matter; and
(e) Retain records
of the dispute for at least 36 months after the investigation is closed.
(2) If the utility and
complainant cannot resolve the dispute, the small telecommunications utility
must inform the complainant of the right to contact the Consumer Services
Section and request assistance in resolving the dispute. The small
telecommunications utility must provide the following contact information for
the Consumer Services Section:
(a) Telephone:
503-378-6600; 1-800-522-2404; TTY 711;
(b) Mailing address: Public Utility
Commission of Oregon, Consumer Services Section, PO Box 1088, Salem, Oregon
97308;
(c) Physical address:
Public Utility Commission of Oregon, 3930 Fairview Industrial Drive SE, Salem,
Oregon 97202;
(d) Electronic mail
address: puc.consumer@state.or.us; and
(3) The Consumer
Services Section will investigate any dispute upon request to determine whether
it can be resolved as an informal complaint.
(4) If the Consumer Services Section cannot
resolve the dispute, the complainant may file a formal written complaint with
the Commission under ORS
756.500. The formal complaint
must be submitted on an approved form available from the Consumer Services
Section.
(a) The complaint must be filed
electronically with the Filing Center at PUC.FilingCenter@state.or.us.
(b) If the complainant does not
have access to electronic mail,
(A) The
complaint may be mailed or delivered to the Filing Center at the address set
out in OAR 860-001-0140; and
(B) The complaint must include a request for
waiver of electronic service and filing requirements. This request is included
on the form available from the Commission's Consumer Services Division.
(c) The Commission will
serve the complaint on the small telecommunications utility. The Commission may
electronically serve the small telecommunications utility with the complaint if
the electronic mail address is verified prior to service of the complaint and
the delivery receipt is maintained in the official file.
(d) The small telecommunications utility must
answer the complaint within 15 days of service of the complaint by the
Commission.
(e) The Commission
will determine a procedural schedule after the small telecommunications
utility's answer is filed. The small telecommunications utility must serve a
copy of its answer on the complainant.
(A) If
the small telecommunications utility files a motion to dismiss, the complainant
may file a response within 15 days of the motion. If the complainant responds,
the complainant must file the response with the Filing Center and send a copy
to the utility. The Commission may make a decision on the formal complaint
based on the information in the complaint, the small telecommunications
utility's response and motion to dismiss, and the complainant's response to the
utility's motion; or
(B) The
Commission may set a procedural schedule for the complaint proceedings,
including, but not limited to, scheduling dates for receiving additional
information from the parties, telephone conferences, or a hearing. A hearing
may be held on less than 10 days' notice when good cause is shown.
(5) Upon filing a
formal complaint, the complainant may request a hearing to determine whether
the complainant is entitled to continued or restored service pending resolution
of the complaint. Unless extraordinary circumstances exist, the Commission will
conduct the hearing by telephone within 3 business days. Notice of the hearing
will be provided to the complainant and the small telecommunications utility at
least 12 hours before the date and time of the hearing. Pending resolution of
the dispute, the complainant's obligation to pay undisputed amounts continues.
(6) A complainant who has a
registered dispute or formal complaint pending with the Commission is entitled
to continued or restored service provided:
(a) Service was not terminated for tampering
with utility property, stealing, diverting, or using unauthorized service or
failure to establish credit;
(b) A
bona fide dispute exists in which the facts asserted entitle the complainant to
service;
(c) When termination is
based on nonpayment, the complainant agrees to pay undisputed charges;
(d) The complainant diligently
pursues conflict resolution under the Commission's rules.
(7) If the conditions in section (6) of this
rule are not satisfied, the small telecommunications utility has no obligation
to provide continued service. A small telecommunications utility discontinuing
service because of a failure to meet the conditions of subsections (6)(c) or
(6)(d) of this rule must give the customer five-day notice served in the same
manner as provided by OAR
860-034-0260 except the notice
need only describe the defect in performance, the date and time after which
utility service will terminate, and the toll-free number of the Commission's
Consumer Services Division.
Notes
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS 756.040, 759.045 & 759.500
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