Section 460.1629. Settlement agreement.

(1) If the utility and a small commercial customer arrive at a mutually satisfactory settlement of any claim in   dispute,   or   the   customer does not dispute

liability to the utility but claims  inability  to   pay  the outstanding bill in full, a utility shall offer the customer  an opportunity to enter into a settlement agreement.

(2)    The utility shall confirm the terms of the settlement agreement with the customer and shall send a copy of the settlement to the customer or the customer's authorized representative. The utility shall retain documentation of the original settlement agreement for 2 years. In case of a dispute over the terms of a settlement agreement, the utility shall have the burden of proving that the customer understood and accepted the terms of the settlement agreement.

(3)     Every settlement agreement entered into  due  to   the  customer's inability to pay the outstanding bill in full shall provide that service will not be discontinued if the customer pays a reasonable amount of the outstanding bill and agrees to pay a reasonable portion of the remaining outstanding balance in installments until the bill is paid.

History: 2008 AACS.