Section 170 IAC 4-5-14 - Complaints; reviewAuthority: IC 8-1-1-3; IC 8-1-2-36.5
Affected: IC 8-1-2-36.5
Sec. 14.
(a) A customer may complain at any time to the owner about any bill that is not delinquent at that time or any other matter relating to its service and may request a conference thereon. Such complaints may be made in person, in writing, or by completing a form available from either the commission or the owner. A complaint shall be considered filed upon receipt by the owner. In making a complaint or request for conference, or both, the customer shall state at a minimum, his or her name and service address and the general nature of his or her complaint.(b) Upon receiving each such complaint or request for conference, the owner shall: (1) promptly, thoroughly, and completely investigate the complaint;(2) confer with the customer when requested; and(3) notify, in writing, the customer of the results of its proposed disposition of the complaint after having made a good faith attempt to resolve the complaint. The written notification shall advise the customer that he or she may, within seven (7) days following the date in which the notification is received, request a review of the proposed disposition by the commission.
(c) If the customer is dissatisfied with the owner's proposed disposition of the complaint as provided in subsection (b), he or she may request the commission, in writing, within seven (7) days following the date in which the notification is received to informally review the disputed issue and the owner's proposed disposition thereof. The request shall certify that the customer has also sent a copy of his or her request for review to the owner involved. Upon receiving the request, the commission shall provide an informal review within twenty-one (21) days. The review shall:(1) consist of not less than a prompt and thorough investigation of the dispute; and(2) result in a written decision to be mailed to the customer and the owner within thirty (30) days after the commission's receipt of the customer's request. Upon request by either party or the commission, the parties shall be required to meet and confer to the extent and at such place as the commission may consider to be appropriate. The records of the commission relating to the review shall be kept in a systematic order.
(d) In those instances when the customer and owner cannot agree as to what portion of a bill is undisputed, it shall be sufficient that the customer pay on the disputed bill an amount equal to his or her average bill for the six (6) months immediately preceding the disputed bill. However, in those cases where the customer has received fewer than six (6) bills, the customer shall pay an amount equal to the average (arithmetical mean) of such bills as have been received.(e) Each owner shall keep a written record of complaints and requests for conferences under 170 IAC 16-1-4. The records shall be retained at the location where the complaints were received or any conferences were subsequently held, or both. The written records are to be readily available upon request by: (1) the concerned customer;(2) his or her agent possessing written authorization; or(f) Each owner shall annually submit a report to the commission that shall state and classify the number of complaints made to the owner under 170 IAC 16-1-4, the general nature of the subject matter thereof, how the complaint was received, and whether a commission review was conducted thereon.Indiana Utility Regulatory Commission; 170 IAC 4-5-14; filed Dec 13, 1984, 3:13 p.m.: 8 IR 489, eff Jan 1, 1985 [IC 4-22-2-5 suspends the effectiveness of a rule document for thirty 30 days after filing with the Secretary of State. LSA Document #84-57(F) was filed Dec 13, 1984.]; readopted filed Jul 11, 2001, 4:30 p.m.: 24 IR 4233; readopted filed Apr 24, 2007, 8:21 a.m.: 20070509-IR-170070147RFA; errata filed Jul 21, 2009, 1:33 p.m.: 20090819-IR-170090571ACA; filed May 25, 2010, 1:52 p.m.: 20100623-IR-170090792FRA; readopted filed Aug 2, 2013, 2:16 p.m.: 20130828- IR-170130227RFAReadopted filed 4/11/2019, 9:04 a.m.: 20190508-IR-170190136RFA