Rule 515-7-9-.06 - Enforcement of Terms of Service Standard(a) In addition to any other remedies or actions that may be taken, marketers that fail to comply with any rule contained in Commission Utility Rule Chapter 515-7-9 shall be subject to the actions following by the Commission: (1) If the Commission finds, after notice and opportunity for a hearing, that a marketer has failed repeatedly or has failed willfully to comply with the terms of service standards, the Commission may: (a) Revoke the marketer's certificate;(b) Suspend the marketer's certificate; and(c) Adjust or place limitations on the marketer's certificate, including, but not limited to, prohibiting a marketer from accepting new customers until the marketer demonstrates that it has resolved any terms of service deficiencies found by the Commission.(2) If the Commission finds, after notice and opportunity for a hearing, that a marketer has willfully violated the terms of service standards, the marketer shall be liable for a penalty not to exceed $15,000 for such violation and an additional penalty not to exceed $10,000 for each day during which such violation continues.(b) In a situation in which a consumer has been subjected by a marketer to conduct alleged to be in violation of one or more provisions of this Commission Rule Chapter, the consumer shall notify the marketer in an effort to rectify the situation without the need for Commission intervention. A marketer shall use every reasonable means to resolve a customer complaint in order to prevent it from being brought to the Commission. If a consumer is unable to arrive at a solution with a marketer regarding such a dispute, the consumer has the right to file a complaint with the Commission. Should a dispute stemming from a marketer's terms of service be the subject of a Commission hearing at which it is found that the marketer was in violation of one or more of the Commission's rules and failed to use reasonable efforts to resolve it, the Commission shall issue an order directing the marketer to provide the consumer with the appropriate refund, credit or remedy pursuant to this Commission Rule and pay the consumer $100, plus either $5 per day, accruing from the date the Commission notified the marketer it was investigating the dispute, that the consumer's situation was not rectified or an amount determined by Order of the Commission. At such a hearing, the marketer shall have the burden of proof to show that it was in compliance with the Commission's Rules. In addition to the foregoing sanctions, the Commission also may order a marketer to pay all expenses incurred by the Commission as a result of having a hearing, including, but not limited to, court reporter transcription charges; hearing officer fees; and an amount of money equal to that which the Commission expended in Staff time in investigating, hearing and adjudicating the complaint; and pay as contemplated in O.C.G.A. 46-2-91 any and all penalties determined by the Commission to be appropriate in light of the circumstances presented.(c) The penalties set forth in this Rule Chapter shall be in addition to those contemplated by any other provision of law, including, but not limited to, the "Fair Business Practices Act of 1975" O.C.G.A. § 10-1-390 in et.seq.Ga. Comp. R. & Regs. R. 515-7-9-.06
O.C.G.A. §§ 46-2-30, 46-4-150 et seq. (See especially, O.C.G.A. §§ 46-4-156, 46-4-158.2, 46-4-160).
Original Rule entitled "Enforcement of Terms of Service Standards" adopted. F. Aug. 13, 2002; eff. Sept. 2, 2002.Amended: F. June 18, 2018; eff. July 8, 2018.