Section 460.160. Informal appeal procedures.  


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  • (1) The commission staff shall assign the informal  appeal  to  a regulation officer.  The officer  shall   have  all  of   the  following responsibilities:

    (a)     Advising  the  appealing  party   of  the  procedures  of    the     commission       by telephone or in writing.

    (b)   Advising the other party that an informal appeal has been filed.

    (c)   Issuing interim determinations as necessary.

    (d)  Reviewing or investigating the appeal as provided in these rules.

    (e)   Issuing an informal appeal decision.

    (2)    Upon notification by the commission staff that an informal appeal has been made, the utility shall promptly file, with the commission staff, the certified hearing record. The parties shall be bound by the evidence presented at the hearing and contained in the hearing record. In arriving at the informal appeal decision, the regulation officer shall not be required to receive or consider any additional evidence or information.

    (3)  In all informal appeals, the utility has the burden of  proof  by a preponderance of the evidence.

History: 2007 AACS.