Referral By Board Staff

(1) The Board may only review and conduct an informal hearing of a matter that is referred by the Comptroller or Board staff. (2) Board staff will refer a completed complaint to the Board if: (a) The Board has the statutory authority to hear the complaint, as determined by Board counsel; (b) The complaint presents a dispute that, if resolved in favor of the complainant, would justify the Board ordering remedial action.; (c) Board staff received the completed complaint within 30 days of the adverse decision of the utility system’s governing board; and, (d) The complainant has utilized all other remedies offered by the utility system. (3) A complaint is deemed completed when Board staff have received the following information: (a) The complainant’s name, and the name of the complainant’s representative, if any. (b) Either the complainant’s or the complainant’s representative’s phone number, email address, and mailing address, or other alternative contact information; (c) The utility system which is the subject of the complaint; (d) Proof of the adverse action taken by the utility system’s governing body or an explanation of why such proof is unavailable; (e) The date of the adverse action taken by the utility system’s governing body; (f) A summary of the complaint. The summary must include sufficient information for Board staff to determine whether the complaint raises a valid dispute; and (g) Any other information Board staff needs to determine if the complaint should be referred to the Board. Board staff will promptly request any needed additional information. (4) On receipt of a completed complaint, Board staff shall advise the complainant: (a) That their complaint will be added to the agenda of the next meeting or the meeting following, as set out in (6); or CUSTOMER COMPLAINTS AND INFORMAL HEARINGS CHAPTER 1715-03 (b) That their complaint will not be referred to the Board, along with a brief explanation why. (5) Board staff may establish a standardized form or online portal to receive complaints. Until and unless a standard process is adopted, Board staff shall receive complaints by email, mail, or any other way in which staff may receive records or information. All complaints must be submitted in writing: no oral complaints will be accepted. If Board staff establishes a standardized form or online portal to receive complaints, staff shall present such to the Board at its next regular meeting for approval. (6) If Board staff determine the complaint should be referred to the Board more than thirty days in advance of the Board’s next regular meeting, the complaint will be added to that meeting’s agenda. If the determination is made within 30 days of the date of the Board’s next regular meeting, the complaint will be added to the agenda for the meeting following the next scheduled regular meeting. (7) If Board staff refer a complaint to the Board, staff will promptly notify both the complainant and the utility system that is the subject of the complaint, as well as any other necessary parties. (8) Review and informal hearing before the Board (a) The Board will review all complaints referred by Board staff. 1. By majority vote, the Board may decline to hear a complaint. The Board must state its reasons for so declining. 2. The Board may choose to defer an informal hearing on the complaint to a later meeting. The Board must state its reason for delaying the information hearing, and direct Board staff as to any actions necessary for it to hear the complaint at its next meeting. (b) The Board chair will preside over the informal hearing. The Board chair will determine how many witnesses may testify, what testimony and written evidence may be presented, and the order of proceedings. The chair may exercise discretion, but will ensure that the complainant, the utility system that is the subject of the complaint, and any other necessary parties have an equal opportunity to present evidence and testimony before the Board. (c) The Board may make a decision on a complaint based on the written record if no other testimony or evidence is presented at the time of the hearing. (d) At the conclusion of the hearing the Board may: 1. Order any remedial action allowed by law; 2. Dismiss the complaint; or, 3. Reconvene the informal hearing at a subsequent meeting with instructions as to what additional information or actions are necessary for the Board to reach a decision on the merits. (9) Board staff may close any incomplete complaint if information is requested from the complainant, and the complainant does not provide the requested information within 15 business days of the request for such information. The complainant may submit a new complaint of the same issue, subject to all requirements in law or rule. CUSTOMER COMPLAINTS AND INFORMAL HEARINGS CHAPTER 1715-03 (10) Board staff is not required to respond to or process complaints which have previously been found to be outside the Board’s jurisdiction unless new information is submitted.