OAR 860-034-0060
Dispute Resolution


(1)

When a dispute occurs between a customer or applicant and a small telecommunications utility about any charge or service, the 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 small telecommunications 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, 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 utility and complainant cannot resolve the dispute, the small telecommunications utility must inform the complainant of the right to contact the Consumer Services Section and request assistance in resolving the dispute. The small telecommunications utility must provide the following contact information for the Consumer Services Section:

(a)

Telephone: 503-378-6600; 1-800-522-2404; TTY 711;

(b)

Mailing address: Public Utility Commission of Oregon, Consumer Services Section, PO Box 1088, Salem, Oregon 97308;

(c)

Physical address: Public Utility Commission of Oregon, 201 High Street SE, Suite 100, Salem, Oregon 97301;

(d)

Electronic mail address: puc.consumer@state.or.us; and

(e)

Website: http://puc.state.or.us/consumer/customer%20 complaint%20process.pdf.

(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 (Complaint). 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 or delivered to the Filing Center at the address set out in OAR 860-001-0140 (General); 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 Commission’s Consumer Services Division.

(c)

The Commission will serve the complaint on the small telecommunications utility. The Commission may electronically serve the small telecommunications 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 small telecommunications utility must answer the complaint within 15 days of service of the complaint by the Commission.

(e)

The Commission will determine a procedural schedule after the small telecommunications utility’s answer is filed. The small telecommunications utility must serve a copy of its answer on the complainant.

(A)

If the small telecommunications utility files a motion to dismiss, the complainant may file a response within 15 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 small telecommunications 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 days’ notice when good cause is shown.

(5)

Upon filing a formal complaint, the complainant may request a hearing to determine whether the complainant is entitled to continued or restored service pending resolution of the complaint. Unless extraordinary circumstances exist, the Commission will conduct the hearing by telephone within 3 business days. Notice of the hearing will be provided to the complainant and the small telecommunications utility at least 12 hours before the date and time of the hearing. Pending resolution of the dispute, the complainant’s obligation to pay undisputed amounts continues.

(6)

A complainant who has a registered dispute or formal complaint pending with the Commission is entitled to continued or restored service provided:

(a)

Service was not terminated for tampering with utility property, stealing, diverting, or using unauthorized service or failure to establish credit;

(b)

A bona fide dispute exists in which the facts asserted entitle the complainant to service;

(c)

When termination is based on nonpayment, the complainant agrees to pay undisputed charges;

(d)

The complainant diligently pursues conflict resolution under the Commission’s rules.

(7)

If the conditions in section (6) of this rule are not satisfied, the small telecommunications utility has no obligation to provide continued service. A small telecommunications utility discontinuing service because of a failure to meet the conditions of subsections (6)(c) or (6)(d) of this rule must give the customer five-day notice served in the same manner as provided by OAR 860-034-0260 (Disconnection Procedures for Commercial and Residential Utility Customers) except the notice need only describe the defect in performance, the date and time after which utility service will terminate, and the toll-free number of the Commission’s Consumer Services Division.
860‑034‑0010
Scope of the Rules
860‑034‑0015
Through Service
860‑034‑0020
Definitions for OAR 860-034-0030 through 860-034-0290
860‑034‑0030
Applications for Service from a Small Telecommunications Utility
860‑034‑0040
Information for Utility Customers and Applicants
860‑034‑0050
Multilingual Notices
860‑034‑0060
Dispute Resolution
860‑034‑0070
Designation of Third Party to Receive Notices
860‑034‑0080
Restrictions on Entering a Customer Residence
860‑034‑0090
Interruption of Utility Service
860‑034‑0095
Annual Fees Payable to the Commission by a Small Telecommunications Utility
860‑034‑0097
Estimated Annual Fees Payable to the Commission
860‑034‑0100
Temporary Utility Service
860‑034‑0110
Due and Payable Period
860‑034‑0120
Late-Payment Charge
860‑034‑0130
Adjustment of Utility Bills
860‑034‑0140
Establishing Credit for Residential Utility Service
860‑034‑0150
Payment Arrangements for Deposit and Installation Charges for Residential Utility Service
860‑034‑0160
Interest on Deposits for Residential and Nonresidential Utility Service
860‑034‑0170
Refund of Deposits for Residential and Nonresidential Utility Service
860‑034‑0180
Grounds for Disconnecting Utility Service
860‑034‑0190
Voluntary Disconnection of Utility Service
860‑034‑0200
Emergency Disconnection of Utility Service
860‑034‑0210
Disconnection of Utility Service on Weekends and Holidays
860‑034‑0220
Accounts Not Related to Residential Utility Service
860‑034‑0230
Reconnection Fee for Utility Service
860‑034‑0240
Transfer Billings
860‑034‑0250
Refusal of Utility Service
860‑034‑0260
Disconnection Procedures for Commercial and Residential Utility Customers
860‑034‑0270
Emergency Medical Certificate for Residential Utility Service
860‑034‑0275
Termination of Local Exchange Residential Service for Telecommunications Customers at Significant Risk
860‑034‑0276
Time Payment Agreements for Small Telecommunications Utilities
860‑034‑0280
Telephone Solicitation Notices by Small Telecommunications Utilities
860‑034‑0290
Customer Notification and Information Delivery Services for Small Telecommunications Utilities
860‑034‑0300
Tariffs of Small Telecommunications Utilities
860‑034‑0310
Announcement of Rate Increases by Small Telecommunications Utilities
860‑034‑0320
Notice to Interested Persons of Tariffs Filed Under ORS 759.175 by Small Telecommunications Utilities
860‑034‑0325
Requests to Abandon, Exempt from Regulation, or Price-List Regulated Telecommunications Services
860‑034‑0330
Relating to City Privilege Taxes, Fees, and Other Assessments Imposed Upon a Small Telecommunications Utility or Type 2 Cooperative
860‑034‑0340
Relating to Local Government Fees, Taxes, and Other Assessments Imposed Upon a Small Telecommunications Utility or Type 2 Cooperative
860‑034‑0350
Forced Conversion of Communication Facilities for Small Telecommunications Utilities and Type 2 Cooperatives
860‑034‑0380
Maintenance of Plant and Equipment by Small Telecommunications Utilities
860‑034‑0390
Retail Telecommunications Service Standards for Small Telecommunications Utilities
860‑034‑0392
Accounting for Directors’ Fees by Small Telecommunications Utilities
860‑034‑0393
Uniform System of Accounts for Small Telecommunications Utilities
860‑034‑0394
Allocation of Costs by Small Telecommunications Utilities
860‑034‑0395
Annual Report Requirements for Small Telecommunications Utilities
860‑034‑0396
Reporting of Affiliated Transactions by Small Telecommunications Utilities
860‑034‑0397
Use of Deferred Accounting by Small Telecommunications Utilities
860‑034‑0400
Maps and Records of Small Telecommunications Utilities and Telecommunications Cooperatives
860‑034‑0420
Location of Underground Facilities
860‑034‑0430
Construction, Safety, and Reporting Standards for Small Telecommunications Utilities and Telecommunications Cooperatives
860‑034‑0440
Applicability and Formal Requirements for Small Telecommunications Utilities and Telecommunications Cooperatives
860‑034‑0450
Applications for Approval of Contracts to Avoid or Eliminate Duplicate Utility Service for Small Telecommunications Utilities and Telecommunications Cooperatives
860‑034‑0460
Applications for Approval of Amendments to Contracts to Avoid or Eliminate Duplicate Utility Service for Small Telecommunications Utilities and Telecommunications Cooperatives
860‑034‑0470
Applications for Allocation of Exclusively Served Territory by Small Telecommunications Utilities and Telecommunications Cooperatives
860‑034‑0480
Applications for Allocation of Unserved Territory for Small Telecommunications Utilities and Telecommunications Cooperatives
860‑034‑0490
Applications to Transfer Rights to Allocated Territory for Small Telecommunications Utilities and Telecommunications Cooperatives
860‑034‑0495
Application by an Unserved Person for Service from a Small Telecommunications Utility
860‑034‑0505
Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities
860‑034‑0580
Preservation and Destruction of Records for Small Telecommunications Utilities and Type 2 Cooperatives
860‑034‑0600
Definitions for Depreciation Guidelines for Small Telecommunications Utilities and Type 2 Cooperatives
860‑034‑0610
Revision of Depreciation Guidelines
860‑034‑0620
Filing Deadlines for a Request for an Exception by a Small Telecommunications Utility or Type 2 Cooperatives
860‑034‑0630
Information to be Included With a Request for an Exception Filed Under OAR 860-034-0620
860‑034‑0640
Review by Staff of a Request for an Exception Filed Under OAR 860-034-0620
860‑034‑0650
Petition to Open Depreciation Docket
860‑034‑0660
Review Procedure and Schedule for a Request for an Exception Filed Under OAR 860-034-0650
860‑034‑0670
Extension of Time for a Request for an Exception
860‑034‑0710
Extension of Time for a Request for an Exception Filed Under OAR 860-034-0650
860‑034‑0720
Announcement of Rate Increases for Joint Rates or Rates Charged for Through Services by Type 2 Cooperatives
860‑034‑0725
Telephone Solicitation Notices by Telecommunications Cooperatives
860‑034‑0730
Uniform System of Accounts for Type 2 Cooperatives
860‑034‑0740
Allocation of Costs by Type 2 Cooperatives
860‑034‑0750
Annual Report Requirements for Type 2 Cooperatives
Last Updated

Jun. 8, 2021

Rule 860-034-0060’s source at or​.us