Okla. Admin. Code § 165:5-29-1

Current through Vol. 42, No. 1, September 16, 2024

Section 165:5-29-1 - Consumer services complaints against regulated utility providers

(a)Mediation. Prior to filing a complaint pursuant to this section, the consumer and the utility are encouraged to follow the mediation provisions in OAC 165:35-21-40, OAC 165:45-11-20, and OAC 165:65-11-17. The consumer and utility are encouraged to continue mediation following the filing of a complaint.

(b)Commencement. A cause filed on the Consumer Services Docket shall be commenced by the filing of a complaint.

(c)Applicant. A complaint may be filed by either the Director of the Consumer Services Division against a regulated utility provider or customer against the customer's regulated utility provider.

(d)Respondent. The Respondent to a complaint is limited to a regulated utility provider, which includes public utilities and telecommunications carriers as defined by 17 O.S. §§ 41, 139.102 and 151.

(e)Complaint. The complaint shall state:

(1) The applicant or attorney's actual or electronic signature, typed or handwritten name, mailing address, telephone number, facsimile number (if applicable), and electronic mail address;

(2) The name of the person, firm, trust, corporation, or association against whom the complaint is made;

(3) In general terms, the issues, acts, or omissions constituting the nature of the complaint;

(4) Each alleged violation of a tariff, state statute, Commission rule, or Commission order shall be stated separately; and

(5) The relief requested by the applicant.

(f)Notice of hearing. When a complaint is filed pursuant to this section, a notice of hearing scheduling the prehearing conference shall be prepared by the applicant pursuant to OAC 165:5-7-1(l). Appendix "J" to this Chapter contains a sample notice of hearing.

(g)Service of complaint. The applicant shall serve the respondent by sending, by certified mail, the complaint and the notice of hearing to the respondent's last known address as listed in the Commission records, and, if applicable, to the respondent's registered agent as listed with the Oklahoma Secretary of State.

(h)Return of service. The applicant shall prepare the return of service and file it with the Court Clerk. The return shall be verified by the person making the service, and shall show the manner, date, and time when the complaint was received by the Respondent. Service of the complaint and notice of hearing on the respondent by certified mail shall be considered effective on the date of receipt, or if refused, on the date of refusal of the complaint by the respondent. If the certified mailing is returned as undeliverable, the Commission or Administrative Law Judge shall determine sufficiency of service and may recommend additional service requirements. The Commission or Administrative Law Judge may use the service of process requirements in 12 O.S. § 2004 as guidance to ensure effective service.

(i)Subsequent service. The applicant and respondent shall provide changes of contact information to all parties of record and will accept service related to the complaint at the provided address.

(j)Hearing procedures. The complaint shall be set for prehearing conference before an Administrative Law Judge within thirty (30) calendar days after the complaint is filed. At the prehearing conference, the Administrative Law Judge shall determine whether service and jurisdiction are proper, and whether the issues, acts, or omissions constituting the nature of the complaint have been resolved. If the Administrative Law Judge determines that jurisdiction is not proper, the Administrative Law Judge shall recommend dismissal of the complaint.

(1) The Administrative Law Judge may continue the prehearing conference to a date certain to allow for resolution of the complaint by the parties, or to allow for proper service.

(2) If the Administrative Law Judge finds that the matter cannot be resolved without a hearing, then a hearing on the merits shall be set within the next sixty (60) calendar days.

(3) The Administrative Law Judge may recommend that the parties complete specific actions to complete the record, which may include but not be limited to requiring the applicant to submit additional information, require the respondent file a response to the complaint, and an allowance for discovery.

(4) If the respondent fails to appear at the time set for prehearing conference, as specified in the notice of hearing, or subsequent hearings as directed by the Administrative Law Judge, the Administrative Law Judge may schedule the complaint for a hearing on the merits or immediately proceed to hear the complaint if already scheduled for a hearing on the merits.

(5) If the applicant fails to appear at the prehearing conference or subsequent hearings, the Administrative Law Judge may recommend that the complaint be dismissed without prejudice.

(6) The Administrative Law Judge shall hear the merits of the complaint, and at the conclusion thereof, shall issue a report of the Administrative Law Judge that may impose such resolution as the facts and circumstances warrant, or dismiss the complaint.

(7) Exceptions to the report of the Administrative Law Judge may be filed and heard pursuant to OAC 165:5-13-5.

Okla. Admin. Code § 165:5-29-1

Adopted by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 10/1/2020