OAR 860-036-1150: Dispute Resolution

(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@puc.oregon.gov. (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. (5) At the time of the filing of a formal consumer complaint, the complainant may indicate on the consumer complaint form that the complainant is interested in using mediation to explore informal resolution. (a) Upon receipt of a complainant’s interest in mediation, the Commission will direct the defendant utility to indicate, within five business days, whether it is willing to participate in mediation. (b) If the utility agrees to mediation, the Commission will stay all procedural deadlines associated with the consumer complaint and expeditiously appoint an Administrative Law Judge to serve as mediator and schedule a mediation session. The mediator may request the parties to provide additional information to help facilitate the mediation. (c) If the parties do not agree to mediation, or the parties are unable to reach informal resolution through mediation, the Commission will appoint an Administrative Law Judge who did not serve as mediator to schedule the matter for hearing.