Or. Admin. Code § 860-037-0025 - Dispute Resolution
(1) When a
dispute occurs between a customer or applicant and a wastewater utility about
any charge or service, the wastewater 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 wastewater 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 wastewater utility must inform the
complainant of the right to contact the Consumer Services Section and request
assistance in resolving the dispute. The wastewater 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 @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 Consumer Services Division.
(c) The Commission will serve the
complaint on the wastewater utility. The Commission may electronically serve
the 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 wastewater
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 wastewater utility's answer is
filed. The wastewater utility must serve a copy of its answer on the
complainant.
(A) If the wastewater 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 the formal complaint based on the information in the
complaint, the 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 the 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 wastewater 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 of
wastewater service is based on nonpayment, the customer agrees to pay
undisputed charges; and
(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 wastewater
utility has no obligation to provide continued service. A wastewater utility
discontinuing water service because of a customer's failure to meet the
conditions of subsections (6)(c) or (6)(d) of this rule for wastewater utility
service must give the customer a five-day disconnect notice. The notice must be
served in the same manner as provided by OAR
860-037-0245, except that it
need only describe the defect in performance, the date and time when water
service will be disconnected in order to terminate wastewater service and the
toll-free number of the Commission's Consumer Services Section.
Notes
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS 756.040, 756.500, 756.512, 757.005 & 757.061
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