Section 170IAC16-1-5. Consumer affairs review of utility's proposed resolution; consumer affairs' responsibilities

   (a) If a customer is dissatisfied with a utility's proposed resolution of a dispute, the customer may appeal the proposed resolution to consumer affairs by submitting an informal complaint. A complaint must be submitted under this section within seven (7) days of the date the customer receives the utility's proposed resolution. At its discretion, consumer affairs may waive the time limitation for good cause, including failure to receive timely notice of proposed resolution. A complaint shall be considered submitted upon receipt by consumer affairs.

  (b) A customer may file a complaint with consumer affairs in the following ways:

(1) By telephone.

(2) In writing.

(3) By completing a form available at the commission's office and on the commission's website.

  (c) Upon receipt of a complaint, consumer affairs shall take the following actions:

(1) Provide the utility:

(A) a copy of the complaint if in writing, or a summary of the complaint if not in writing; and

(B) an opportunity to respond.

(2) Conduct an informal review consisting of not less than a prompt and thorough investigation of the disputed facts of the complaint.

(3) To the extent that consumer affairs may deem necessary to ensure the accuracy and completeness of the consumer affairs record, meet with the parties or require additional information or documentation from the parties, to which parties must respond within fourteen (14) days unless otherwise directed by consumer affairs.

(4) Preserve in a systematic order all information and documentation received and generated during the review, and the consumer affairs decision, which shall comprise the consumer affairs record and be made readily available to the parties for inspection and copying upon request.

(5) Provide a decision to the customer and the utility within thirty (30) days of the complaint submission date, except that if the complexity of issues or circumstances involved in a complaint require additional time, consumer affairs shall notify parties within thirty (30) days of the complaint submission date that additional time is required.

  (d) If a customer or utility is dissatisfied with the consumer affairs resolution of the informal complaint, either party may request a review by the director of consumer affairs or director's designee within seven (7) days of the date of receipt of the proposed resolution of the informal complaint.

  (e) Notwithstanding any other provision in this section, consumer affairs may refer a complaint to the commission for review at any time during the review process based on the complexity of issues or circumstances involved in a complaint as determined by the director of consumer affairs or director's designee. (Indiana Utility Regulatory Commission; 170 IAC 16-1-5; filed May 25, 2010, 1:52 p.m.: 20100623-IR-170090792FRA; readopted filed Jul 12, 2016, 10:01 a.m.: 20160810-IR-170160168RFA)