Rule 93-1-.03 - Complaint Resolution(1) Required Information.(a) Each provider shall establish written procedures for: (1) receiving, acting upon and resolving subscriber complaints; and (2) crediting and refunding subscriber accounts in accordance with the provider's policies or Rule 93-1-.04, whichever is greater. Complaint resolution procedures and credit and refund policies shall be addressed in the same document. The complaint resolution procedures shall prescribe a simple process by which any subscriber may submit a complaint in person, by telephone, electronic mail or in writing to the provider regarding an alleged violation of the customer service standards contained in Rule 93-1-.02, any terms or conditions of the subscriber's contract with the provider, or reasonable business practices.1. Each provider shall furnish a copy of its written complaint resolution procedures/credit and refund policies to each affected local governing authority within whose jurisdiction it provides service before it begins offering service in that jurisdiction. A copy of each provider's complaint resolution procedures/credit and refund policies shall be furnished to the Association of County Commissioners of Georgia and the Georgia Municipal Association upon request.2. Each provider shall furnish a written copy of its complaint resolution procedures/credit and refund policies to each subscriber at the time of initial installation of service, as well as upon a subscriber's request. At least annually, each subscriber shall receive an additional copy of the complaint resolution procedures/credit and refund policies as an insert in a monthly billing statement. A copy of the procedures shall also be available on the provider's web page.3. If a provider plans to change its written complaint resolution procedures/credit and refund policies, a copy of the amended procedures shall be provided to the affected local governing authority and to each subscriber prior to the effective date of the change.(b) Each provider shall furnish to the Secretary of State and each affected local governing authority within whose jurisdiction it provides service the name, business address, telephone number and electronic mail address of a single point of contact to accept subscriber complaints. When sending information to affected local governing authorities pursuant to these rules, correspondence shall be sent to the attention of the City or County Clerk or City or County Manager.(2) Provider Resolution Process. (a) If an affected local governing authority is contacted directly with a subscriber complaint, it shall notify the provider's single point of contact and shall forward a copy of the complaint to the point of contact by facsimile, electronic or regular mail, so that the provider may attempt a direct resolution with the subscriber.(b) Each provider shall use its best efforts to resolve subscriber concerns or complaints. Subject to factors outside the provider's direct control, the provider shall have three (3) business days from the date on which it receives a complaint from the local governing authority or its designated agent to contact the subscriber and shall have ten (10) business days from the date on which it receives the complaint from the local governing authority to resolve the complaint directly with the subscriber.(c) Within three (3) business days after the expiration of the ten (10) business day resolution period, the provider shall issue to the affected local governing authority a complaint resolution report containing the following information: name of the subscriber; the date on which the provider received the complaint; a description of the complaint; a description of the resolution (including, but not limited to, any credits or monetary payments received by the subscriber); and the date of resolution. A copy of the report shall be provided to the subscriber.(d) A subscriber who is dissatisfied with a provider's resolution may seek additional review by the affected local governing authority. Simultaneous with submission of the complaint resolution report to the affected local governing authority and the subscriber, the provider shall notify the subscriber of the subscriber's right to seek additional complaint review and shall explain the procedures for filing the complaint with the affected local governing authority.(3) Complaint Review by Affected Local Governing Authority.(a) Any subscriber who is dissatisfied with a provider's resolution of a complaint or has not received a response from the provider within the ten (10) business day complaint resolution period shall be entitled to have the complaint reviewed by the affected local governing authority. The subscriber may initiate the complaint review process by contacting the affected local governing authority via telephone, letter or electronic mail within fourteen (14) business days of the provider's decision or, if no response was received from the provider, within twenty-four (24) business days of initial notice to the provider of the subscriber's complaint.(b) Within ten (10) days of receipt of a subscriber's request for complaint review, the affected local governing authority shall contact the subscriber and provider and schedule a non-binding mediation. The mediation shall be held within thirty (30) days of receipt of the request for complaint review, at a location convenient to the subscriber. The affected local governing authority, at its sole discretion, may conduct the mediation internally or utilize the services of an outside mediator. In the event that an outside mediator is used, the cost of mediation shall be divided equally between the affected local governing authority and the provider.(c) In the event mediation does not resolve the complaint between the subscriber and the provider, the subscriber may seek final resolution from the affected local governing authority, which review must be initiated within fifteen (15) days of an unsuccessful mediation. As part of the final resolution process, the affected local governing authority may require the provider and subscriber to submit, within fifteen (15) days of notice thereof, a written statement of the facts and argument in support of their respective positions, together with any additional evidence which the affected local governing authority may deem necessary for an understanding and resolution of the complaint.(d) The affected local governing authority shall review the information provided. In the event the affected local governing authority determines that the provider has offered a reasonable resolution to the subscriber's complaint, the affected local governing authority shall provide written notice of such resolution to the subscriber and the provider with the specific details, at which point the affected local governing authority may terminate the resolution process. In the event the affected local governing authority determines that the provider has not offered a reasonable resolution to the subscriber's complaint, then the affected local governing authority shall provide written notice to the subscriber and the provider with the specific details. The provider shall then have five (5) days to respond to the affected local governing authority, during which time the provider shall have the right to resolve the complaint. If the complaint remains unresolved after five (5) days, then the affected local governing authority shall schedule a hearing to resolve the complaint. The affected local governing authority shall notify the subscriber and the provider in writing of the time and place of such hearing, and the subscriber and provider shall have an opportunity to appear, to present evidence, and to make legal arguments. At the conclusion of the hearing, the affected local governing authority shall issue its final resolution. If the affected local governing authority determines that the subscriber's complaint is valid and that the provider did not offer the subscriber the proper solution and/or credit, it may reverse the provider's decision and/or require the provider to grant a specific solution, for that subscriber, including, but not limited to, pro rata service credits or refunds to the subscriber. The decision of the affected local governing authority is final unless the subscriber or provider, within thirty (30) days of the decision, appeals the decision to the superior court. A party who appeals a decision shall follow the procedures set forth in Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia, and any appeal shall be de novo.(e) The affected local governing authority may extend the time limits contained in Rule 93-1-.03 for reasonable cause.Ga. Comp. R. & Regs. R. 93-1-.03
O.C.G.A Sec. 36-76-7.
Original Rule entitled "Complaint Resolution" adopted. F. Dec. 7, 2007; eff. Jan. 1, 2008, as specified by the Agency.