Section 407-289-12 - DISPUTE RESOLUTION PROCEDURESA.Toll-free line. An ILEC shall have a toll-free number for customers to call to resolve billing or service disputes regarding bundled services.B.Employees available. An ILEC shall have an adequate number of properly trained employees available during business hours to respond to questions from customers, resolve disputes, and address requests for bundledservice. Customers calling the toll-free number discussed in section A above must be provided the opportunity to talk to a live customer representative without spending an unreasonable amount of time on hold and without being forced to navigate through an unreasonable number of menu levels in an automated phone answer system.C.Dispute resolution process. When an ILEC becomes aware of a dispute by a customer regarding a bundled service, whether or not disconnection is pending, the ILEC shall: 1.Investigate dispute. Investigate the dispute, preserving a record of the substance and results of the investigation;2.Report results. Report the results of its investigation to the customer based on the record; and3.Attempt to resolve dispute. Attempt in good faith to resolve the dispute.D.Notification of right to file a complaint with the Consumer Assistance Division. If an ILEC cannot resolve the dispute with the customer after the procedures set forth above have been completed, the ILEC shall orally inform the customer of the right to file a complaint with the Consumer Assistance Division and of the toll-free telephone number of the Commission.E.CAD complaint process1.Consumer Assistance Division acceptance of complaint. The Consumer Assistance Division may reject, without investigation, a complaint that is outside its jurisdiction or is without merit. A complaint may be considered to be "without merit" if, among other things, the Consumer Assistance Division has previously issued a decision regarding the same issue that is the basis for the complaint. The customer may appeal the rejection of a complaint to the Commission. If the Consumer Assistance Division accepts a complaint, the Consumer Assistance Division shall investigate the complaint.2.Consumer Assistance Division investigation of a complaint. The Consumer Assistance Division will inform an ILEC in writing, by telephone, by e-mail, by fax, or by any other means that is acceptable to both the Consumer Assistance Division and the ILEC, that a complaint associated with a bundled servicehas been filed and the date of the filing. The Consumer Assistance Division will conduct an informal investigation of the dispute that may include:a. an informal meeting with the customer and/or an ILEC representative;b. a review of the written record of the ILEC's investigation required by section C above; andc. an examination of other records, such as billing and payment information, notice of disconnection, or any other information that the Consumer Assistance Division deems relevant to the dispute.3.Provision of information to the Consumer Assistance Division by an ILEC. An ILEC shall provide information requested by the Consumer Assistance Division within 10 business days of its receipt of the request. This information may include, but is not limited to, billing and payment information, notice of disconnection information, the written record of the utility's investigation of the customer's dispute required by section C above, or any other information in the ILEC's possession or that is readily available to the ILEC that the Consumer Assistance Division deems necessary to investigate the customer's dispute. If the ILEC cannot provide the requested information within the 10-day time period, it may request an extension from the Director of the Consumer Assistance Division or his designee. The extension request may be made orally or in writing and it may be granted or denied orally or in writing.4.Decision. The Consumer Assistance Division shall complete its investigation and issue an oral or written decision as soon as practicable. The decision by the Consumer Assistance Division shall impose any just and reasonable requirements necessary to resolve the dispute.5.Notice of appeal rights. When a decision is rendered, the Consumer Assistance Division shall inform the customer and the ILEC of the right to appeal the Consumer Assistance Division's decision to the Commission and of the rights of both parties while an appeal to the Commission is pending.F.Appeal to the Commission1.Appeal process. The customer or the ILEC may appeal a Consumer Assistance Division decision to the Commission by filing a notice of appeal with the Administrative Director of the Commission within 10 calendar days after the date of the decision. Notwithstanding section 6(D) of the Maine Rules of Civil Procedure and section 305 of the Commission's Rules of Practice and Procedure (Chapter 110), no additional time is allowed for mailing.2.Commission review. The Commission shall review the decision to determine if it complies with applicable statutory and regulatory requirements, is based on sound facts, and does not represent an abuse of discretion by the Consumer Assistance Division.3.Order. The Commission shall issue an order affirming the Consumer Assistance Division's decision or, if the decision is not affirmed, the Commission shall: a. remand the complaint to the Consumer Assistance Division for reconsideration with an explanation of the basis for the remand;b. remand the complaint back to CAD to gather further facts; orc. issue an order reversing or altering the Consumer Assistance Division's decision.65- 407 C.M.R. ch. 289, § 12