Section 460.1631. Informal hearing and hearing officers.

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

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

(a)   Notify the utility within 5 business days of acceptance of the utility offer for an informal hearing.

(b)   Pay the amount not in dispute, or, if the utility and customer cannot agree, pay 50% of the disputed amount.

(3)   When the customer notifies the utility of the intent to pursue an informal hearing the utility shall do all of the following:

(a)  ) Complete the necessary investigation.

(b)    Schedule the hearing within 10 business days of the customer's request for a hearing.

(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, then 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 filed with the commission.

(b)   They are notaries public qualified to administer oaths.

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

(6)   If the dispute is ultimately resolved in favor of the customer, in whole or in part, then the utility shall return promptly any excess amount paid by the customer, with interest at the rate specified in these rules.

History: 2008 AACS.