Section 460.1633. Hearing procedures.

(1) A utility shall establish hearing procedures that ensure the impartiality and integrity of the hearing process  and  that  provide  the customer and the utility with all of the following:

(a)   The right to represent themselves or to be assisted by persons of their choice who are not attorneys.

(b)  The right to examine, not less than 2 business days before a scheduled hearing, a list of all witnesses who will testify and all documents, records, files, account data, and similar material that may be relevant to the issues to be raised at the hearing.

(c)   The right  to present evidence, testimony, and oral  and  written argument.

(d)  The right to question witnesses appearing on behalf of the other party.

(2)    A hearing shall be held during normal business hours. A utility shall take reasonable steps to ensure that a customer who is unable to attend a hearing due to physical incapacity is not denied the right to a hearing. Failure of the customer, or the utility, to attend the hearing without good reason, or without having requested an adjournment, constitutes a waiver of that party's right to the hearing.

(3)   The utility has the burden of proof by a preponderance of the evidence.

(4)   All witnesses who appear for either party shall testify under oath.

(5)    A hearing shall be informal and the proceedings need not be recorded or transcribed. All relevant evidence shall be received and the formal rules of evidence shall not apply.

(6)   For each hearing where the customer has not put his or her position in writing, the hearing officer shall compile a record that contains all of  the following:

(a)   ) A concise statement, in writing, of the position of the utility.

(b)   A concise statement, in writing, of the position of the customer.

(c)   ) Copies of all evidence submitted by the parties.

(7)   At the conclusion of the hearing, the hearing officer may orally state his or her findings and decision, or adjourn the hearing and inform  the parties that the decision will be transmitted within 7 business days. At the request of the customer, the hearing officer shall adjourn the hearing and transmit the decision within 7 business  days.  In all cases, the hearing officer shall issue a complaint determination in a form that is approved by the commission. The complaint determination shall contain both of the following:

(a)  ) A concise summary of the evidence and   arguments presented by the parties.

(b)   The decision, and the reasons for the decision, based solely upon the evidence received.

(8)   At the conclusion of the hearing and again upon issuance of the complaint determination, the hearing officer shall advise the customer and the utility of all of the following:

(a)   That each party has the right to make an informal appeal to the commission staff, by mail, telephone, internet, fax, or in person, within 7 business days of issuance of the complaint determination.

(b)   That, if appealed, the decision of the hearing officer, including a finding that service may be shut off, cannot be implemented until a review by the commission staff is completed.

(c)   The address and telephone number where the customer or the utility may make an informal appeal to the commission staff.

(9)   Before issuance of a complaint determination, the hearing officer  may propose a settlement to the parties. If both parties accept the settlement, it shall be put in writing and signed by both parties.

(10)   Within 7 business days of the conclusion of the hearing, the hearing officer shall serve the parties with all of the following:

(a)   ) A copy of the complaint determination.

(b)   Appeal information as provided in subrule (8) of this rule.

(c)   If applicable, a copy of the signed settlement agreement  as  provided in subrule

(9)   of this rule.

(11)     The complaint determination and a  copy  of   the  signed  settlement agreement, if any, shall be made part of the hearing record. The hearing officer shall certify the hearing record.

(12)   The complaint determination is binding  upon   the  parties,  unless appealed, as provided in these rules.

(13)   A utility's hearing procedures shall be subject to investigation and review by the commission.

History: 2008 AACS.