65- 407 C.M.R. ch. 292, § 15

Current through 2024-51, December 18, 2024

Section 407-292-15 - WAIVER

A.General waiver. Upon the request of any person subject to this Chapter or upon its own motion, the Commission may, for good cause, waive any requirement of this Chapter that is not required by statute. The waiver may not be inconsistent with the purposes of this Chapter or Title 35-A. The Commission, the Director of the Consumer Assistance Division, or the Hearing Examiner assigned to a proceeding related to this Chapter may grant the waiver.

B.Individual customer exemption

1.Request requirements. An IXC may request that the Consumer Assistance Division grant an exemption from any provision of this Chapter in any case involving an individual applicant or customer whose conduct and known financial condition pose a clear danger of substantial losses to the IXC. A request for exemption under this subsection must be made to the Consumer Assistance Division. The request may be written or oral, but an oral request must be followed promptly by a written confirmation. The written request or confirmation must include a detailed statement of the facts alleged by the IXC in support of the request. The IXC shall immediately notify, in writing, the individual applicant or customer whose service would be affected by the proposed exemption, describing the nature and effect of the exemption requested and the facts alleged in support of the request.

2.Consumer Assistance Division investigation. The Consumer Assistance Division may reject, without investigation, any request that does not present facts that satisfy the standard of subsection 1 above. Before granting any exemption, the Consumer Assistance Division shall informally investigate the matter.

3.Decision. When the Consumer Assistance Division completes its investigation or summarily rejects the request, it shall issue a decision granting, denying, or granting in part the requested exemption. When the Consumer Assistance Division determines that an exemption is required to avoid a clear danger of substantial losses to the IXC, it shall notify the customer and the IXC of the decision. The notification may be made orally, but the Consumer Assistance Division shall promptly issue a written confirmation of the decision. The decision or written confirmation shall:

a. describe the nature and effect of the exemption;

b. explain why the exemption was granted or denied; and

c. inform the customer and the IXC of the right to appeal the Consumer Assistance Division's decision to the Commission, as provided in subsection 4 below.

4.Appeal to Commission. By following the procedures in section 14(F), a party may appeal a decision by the Consumer Assistance Division granting or denying, in whole or in part, a request for an exemption. If the Consumer Assistance Division grants an exemption, the IXC may not act on the exemption until the appeal period expires.

65- 407 C.M.R. ch. 292, § 15