Section R. 460.155 - Customer hearing and hearing officers for residential and small nonresidential customersRule 55.
(1) If the parties are unable to resolve the dispute, the utility shall offer the customer the opportunity for a customer hearing before a hearing officer selected from a list of hearing officers filed with the commission.(2) If the customer requests a customer hearing with the utility or with the commission regulation officer, the utility shall place a hold on any action to shut off or suspend service until 1 of the following occurs: (a) The customer fails to complete his or her responsibilities required for a customer hearing.(b) The customer withdraws the request.(c) The utility and the customer settle the dispute.(d) The customer hearing officer issues a decision finding that shut off or suspension of service is appropriate.(3) The utility shall accept notification from a regulation officer of a customer's request for a customer hearing.(4) If the parties are unable to resolve the dispute, the utility shall offer the customer the opportunity for a customer hearing before a hearing officer selected from a list of hearing officers filed with the commission.(5) If the customer chooses to have a customer hearing, the customer shall do both of the following: (a) Notify the utility within 5 business days of the utilitys offer for a hearing.(b) Pay the amount not in dispute, or if the utility and customer cannot agree, pay 50% of the disputed amount not to exceed $100.00.(6) If the customer notifies the utility of the intent to pursue a customer hearing, then 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 45 business days of the customer's request for a hearing.(7) If the customer fails to pay the part of the bill that is determined under subrule (5)(b) of this rule within 15 business days of the date that the utility sends the hearing notice, the utility may exercise its right to shut off service pursuant to these rules.(8) A utility shall select hearing officers who meet all of the following requirements: (a) Are on the list of hearing officers on file with the commission.(b) Are notaries public who are qualified to administer oaths.(c) Are not a past or present employee of the utility, and they are not engaged in or have not been engaged in any other activities that would cause bias or lack of objectivity.(d) Comply with part 10 of these rules, R 460.154 to R 460.159.(9) In January of each year, utilities shall provide to the commission's executive secretary the name or names of selected hearing officers and update those lists as necessary. Upon notice to the commission, a hearing officer, other than those on the list, may be used subject to the requirements specified in subrule (8) of this rule. Upon request, utilities shall provide the resume of a hearing officer to the commission or any party participating in a customer hearing.(10) If the dispute is ultimately resolved, in whole or in part, in favor of the customer, the utility shall return promptly any excess amount paid by the customer, with interest at the rate specified pursuant to R 460.111(8).Mich. Admin. Code R. 460.155
2007 AACS; 2017 AACS; 2019 MR 1, Eff. 1/8/2019