North Carolina Administrative Code
Title 04 - COMMERCE
Chapter 11 - UTILITIES COMMISSION
Chapter 1
Section 11 R01-04 - COMMENCEMENT OF PROCEEDINGS
Universal Citation: 11 R 01-04 NC Admin Code 11 R 01-04
Current through Register Vol. 39, No. 6, September 16, 2024
Proceedings may be instituted before the Commission in the following manner:
(1) By Informal Proceedings.
(a) Whenever practical, informal
proceedings are recommended for speedy, amicable adjustments of complaints or
controversies which do not necessarily require a formal hearing or a formal
order or decision, and to that end, informal complaints may be made to the
Commission or Public Staff by letter, or otherwise, setting forth the name and
post-office address of the person making the complaint; the name and
post-office address of the person or persons against whom the complaint is
made; a concise statement of all the facts necessary to an understanding of the
situation presented; and a statement of the relief desired. Matters so
presented will be taken up by the Commission or Public Staff with the parties
affected, by correspondence, or otherwise, in an endeavor to bring about an
adjustment of the subject matter of the complaint without a formal order or
hearing.
(b) The filing of an
informal complaint is without prejudice to the right to thereafter file a
formal complaint.
(c) An informal
complaint will not be docketed for formal hearing and no formal order will be
issued thereon, but matters thus presented may be transferred by the Commission
to the Formal Docket for formal action by the Commission, in which case the
complainant will be required to file a formal complaint.
(2) By Formal Proceedings. - Matters which require the taking of testimony, a formal hearing and a formal order must be instituted by filing with the Commission a formal application, petition, or complaint, as provided by Rule R1-5.
(3) By the Commission. - The Commission may institute proceedings upon its own motion, in which case the procedure shall be substantially as follows:
(a) Allegations. -
Any rule to show cause, complaint, order of investigation, or other proceeding
instituted by the Commission upon its own motion against any particular person
or persons shall set out the grounds therefor with such clarity as to inform
the respondent or respondents therein named of the issue involved and the
particular information or action required by the Commission. Reasonable time
shall be given within which to comply with the Commission's order, or within
which to prepare a defense, depending on the nature of the proceeding and the
work required.
(b) Answers. -
Formal written answers or other pleadings need not be filed by respondents in
such cases unless so directed by the Commission.
(c) Procedure at hearing. - In proceedings
instituted by the Commission, evidence will ordinarily be offered in the
following order:
(1) By the Commission
Staff,
(2) By the Public Staff,
and
(3) By the respondents, but the
presiding officer in any such proceeding may direct the order in which evidence
shall be offered.
(d)
Parties. - Those having an interest in the subject matter of any proceeding
instituted by the Commission may become parties thereto by compliance with Rule
R1-19.
NCUC Docket No. M-100, Sub 75, 10/27/77.
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