Section 460.152. Utility hearing and hearing officers.

(1) If the parties are unable to resolve the dispute, the utility shall offer the customer the opportunity for an informal  hearing before  a hearing officer selected from a list  of  hearing officers  filed  with  the commission.

(2)   If the customer chooses to have an informal hearing, the customer shall do both of the following:

(a)  Notify the utility within 5 business days of the utility 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.

(3)    If the customer notifies the utility of the intent to  pursue  an informal hearing, then the utility shall do both of the following:

(a)   ) Complete the necessary investigation.

(b)   Schedule the hearing within 10 business days.

(c)   Hold the hearing within 30 business days of the customer's request for a hearing.

(4)   If the customer fails to pay the part of the bill that is determined under subrule (2)(b) of this rule within 10 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.

(5)   A utility shall select hearing officers on the basis of all of the following:

(a)   They are on the list of hearing officers on file with the commission.

(b)   They shall be notaries public qualified to administer oaths.

(c)   They shall not be engaged in any other activities for or on behalf  of the utility.

(d)  They shall comply with part 10 of these rules.

(7) If the dispute is ultimately resolved in favor of the customer, in whole or in part, the utility shall return promptly any excess amount paid by the customer, with interest at the rate specified pursuant to the provisions of R 460.111(7).

History: 2007 AACS.