Current through Register Vol. 63, No. 12, December 1, 2024
(1) When a
dispute occurs between an applicant or a customer and a water utility regarding
any charge or service, the water utility must:
(a) Thoroughly investigate the matter;
(b) Promptly report the results of
its investigation to the complainant;
(c) Inform the complainant of the right to
have a water utility supervisor review any dispute;
(d) Prepare a written record of the dispute
including the name and address of the complainant involved, the date the
complaint was received, the issues in dispute, a summary of the water utility's
efforts to resolve the dispute, and the disposition of the matter;
and
(e) Retain records of the
dispute for at least 36 months after the investigation is
closed.
(2) If the water
utility and the complainant cannot resolve the dispute, the water utility must
inform the complainant of the right to contact the Consumer Services Section
and request assistance in resolving the dispute. The water utility must provide
the complainant information about how to contact the Consumer Services
Section.
(3) The Consumer Services
Section will investigate any dispute upon request to determine whether it can
be resolved as an informal complaint.
(4) If the Consumer Services Section cannot
resolve the dispute, the complainant may file a formal written complaint with
the Commission under ORS
756.500. The formal complaint
must be submitted on an approved form available from the Consumer Services
Section.
(a) The complaint must be filed
electronically with the Filing Center at PUC.FilingCenter@state.or.us.
(b) If the complainant does not
have access to electronic mail,
(A) The
complaint may be mailed, faxed, or delivered to the Filing Center at the
address set out in OAR 860-001-0140; and
(B) The complaint must include a request for
waiver of electronic service and filing requirements. This request is included
on the form available from the Consumer Services Section.
(c) The Commission will serve the complaint
on the water utility. The Commission may electronically serve the water utility
with the complaint if the electronic mail address is verified prior to service
of the complaint and the delivery receipt is maintained in the official
file.
(d) The water utility must
answer the complaint within 15 calendar days of service of the complaint by the
Commission. The water utility must serve a copy of its answer on the
complainant.
(A) If the water utility files a
motion to dismiss, the complainant may file a response within 15 calendar days
of the motion. If the complainant responds, the complainant must file the
response with the Filing Center and send a copy to the utility. The Commission
may make a decision on the formal complaint based on the information in the
complaint, the utility's response and motion to dismiss, and the complainant's
response to the utility's motion; or
(B) The Commission may set a procedural
schedule for the complaint proceedings, including, but not limited to,
scheduling dates for receiving additional information from the parties,
telephone conferences, or a hearing. A hearing may be held on less than 10
calendar days' notice when good cause is shown.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
756.040,
756.500-558
