16 Tex. Admin. Code § 1.23 - Complaint Proceedings
(a) Filing of
complaint. Complaints relating to matters within the Commission's jurisdiction
shall be in writing and contain a detailed description of the allegations
against the respondent. The complainant shall serve the complaint on the
respondent and simultaneously file it with the applicable division of the
Commission. The division receiving the complaint shall transfer it to the
Hearings Division. If the complainant amends the complaint, the complainant
shall serve the amended complaint on the respondent and simultaneously file it
with the Docket Services Section.
(b) Burden of proof. The complainant in a
complaint proceeding shall have the burden of proof which is a preponderance of
the evidence. In the interest of justice, the examiner may modify the burden of
proof pursuant to §
1.110 of this title (relating to
Burden of Proof).
(c) Notice of
complaint. When a complaint is filed, the Commission shall forward the
complaint to the respondent and attach a letter stating:
(1) the respondent has 20 days from the date
of the letter to either file an answer or request a hearing to contest the
allegations of the original complaint; and
(2) that a default order may be entered
against the respondent if the respondent fails to answer, request a hearing, or
appear at the hearing, if a hearing is requested.
(d) Respondent's answer.
(1) The respondent shall answer the complaint
in writing, by either specifically denying the material allegations of the
complaint or alleging an affirmative defense. Alternatively, the respondent may
request a hearing which shall serve as a general denial of the allegations in
the original complaint.
(2) If the
complaint is thereafter amended, the time period for the filing and service of
the answer shall, unless otherwise ordered, run from the service of such
amended complaint. The original answer shall be considered as the answer to the
amended complaint unless a new answer is filed in response to the amended
complaint.
(e) Default
order. If the respondent fails to answer, request a hearing, or appear at the
hearing, the examiner may find the respondent to be in default and prepare a
default final order to be presented to the Commission without further
notice.
(f) Dismissal for lack of
jurisdiction of Commission or standing of complainant.
(1) If the Commission finds, either on the
face of the complaint or after motion of the respondent, that the Commission
lacks jurisdiction or the complainant lacks standing, the Hearings Director or
the Commissioners shall dismiss the complaint as to such allegation or
complainant.
(2) Any dismissal
order entered by the Hearings Director is subject to review by an appeal to the
Commissioners. The appeal shall follow the same requirements set forth in
§
1.38(e) of this
title (relating to Interim Rulings and Appeals of Interim Rulings).
(g) Retail customers served by a
gas utility as defined in Texas Utilities Code §§
101.003(7),
(8), and
121.001 -
121.006, must first
attempt an informal resolution pursuant to §
7.45 of this title (relating to
Quality of Service) before pursuing a claim against a gas utility under this
section.
Notes
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