N.Y. Comp. Codes R. & Regs. tit. 16 § 12.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 12.5 - Requests for informal hearing or review

(a)

(1) If the customer or the utility objects to the initial decision, a request for an informal hearing or review may be made to the commission's Office of Consumer Services in writing, by telephone or in person, explaining the basis for the request. The request should be received within 15 days after the initial decision is mailed or personally communicated.

(2) A request for an informal hearing may be denied if the relief sought by the customer or utility is beyond the power of the informal hearing officer to provide. In this case, the person requesting the hearing shall be notified as to the reason why a hearing cannot resolve the complaint, and shall be advised of the appropriate authority to address the complaint, if known. If the person requesting the hearing contends that the hearing officer does have the authority to decide the complaint, he or she may appeal to the commission in accordance with section 12.13 of this Part.

(b) A utility which appeals a staff decision must accept an informal review unless the customer agrees to participate in an informal hearing. A customer may choose either an informal hearing or review.

(c) Upon receiving a request for an informal hearing or an informal review, the customer and the utility will be notified in writing:

(1) of the date, time and location of the informal hearing at least 10 days before the date of the hearing, or that an informal review will be held;

(2) that any documents in support of their position should be brought to the informal hearing or sent to the informal reviewer within 15 days, or longer if the reviewer finds it reasonable to extend the time period, after receiving notice that a review will be conducted; and

(3) that the customer may be represented by a person of his or her choice or may request that the commission's Office of Consumer Services assign an advocate, free of charge, if available.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 12.5