Section 15-4409. COMPLAINTS

 

4409.1Any dispute relating to the tenant’s bill and to the accuracy of the submeter or energy allocation equipment is between the owner of the building and the tenant, and excludes the public utility.

 

4409.2When an owner cannot resolve a billing dispute with a tenant, the owner shall refer the tenant to the Commission for resolution.

 

4409.3The tenant shall contact the Office of Consumer Services (Office) to initiate a complaint proceeding.  The Office shall:

 

(a) Answer inquiries and make information available concerning the procedures for resolving disputes; and

 

(b) Accept the filing of the tenant complaint.

 

4409.4The tenant may file a complaint with the Commission through the Office within ninety (90) days from the date the owner refers the tenant to the Commission, in accordance with subsection 4409.2. 

 

4409.5If the complaint has not been resolved by the tenant and the owner, the Commission shall make an effort through mediation to resolve it informally. This additional resolution effort shall not exceed five (5) business days. 

 

4409.6If the complaint is not resolved through the Commission’s informal process, including mediation, the tenant may request a formal hearing.

 

4409.7The tenant shall have fourteen (14) days after the conclusion of the informal process to request a formal hearing.

 

4409.8A hearing, where necessary, shall be scheduled within twenty (20) days of the formal request for hearing. Except in special cases, hearings shall be conducted during business hours of the Commission. The Commission shall designate a hearing officer, who shall not have investigated the complaint.

 

4409.9The Commission shall provide notice of hearing by personal delivery or by first class mail to the complainant, to any affected guarantor, and to the owner. The notice shall include a copy of the tenant's written complaint. The notice shall also state the potential consequences of failure to appear for a hearing.

 

4409.10Service shall be made at least ten (10) days prior to the hearing date unless the parties agree on a shorter time. When service is by first class mail the service date is the date of mailing and service shall be made at least ten (10) days prior to the hearing date.

 

4409.11The hearing officer may reschedule any hearing at the request of any party.  Otherwise, a hearing may be rescheduled at the discretion of the hearing officer.

 

4409.12In the event the tenant fails to attend a scheduled hearing without good cause, the hearing officer may dismiss the complaint (with or without prejudice at the discretion of the hearing officer), hear evidence and render a decision, or reschedule the hearing.

 

4409.13In the event an owner fails to attend a scheduled hearing without good cause, the hearing officer may hear evidence and render a decision.

 

4409.14Upon a reasonable request by either party or the hearing officer, the parties shall timely provide all information they have relevant to the matters at issue in the complaint, including relevant documents, account data, titles, and the names of witnesses.

 

4409.15 Parties may examine any public records of the Commission.

 

 

4409.16 Parties shall have the right to present evidence, call witnesses, and present written and oral argument. When directed by the hearing officer, parties shall file briefs no later than fifteen (15) days after the close of the hearing.

 

4409.17 Witnesses shall testify under oath, and the parties and the hearing officer shall have the right to examine and cross-examine all witnesses.

 

4409.18 The hearing officer shall have the discretion to limit any line of questioning to what may be required for a full and true disclosure of the facts and to limit the time for argument.

 

4409.19Unless otherwise ordered by the hearing officer, the complainant's witnesses shall testify first, followed by the respondent’s witnesses. A reasonable opportunity will be afforded all parties to present rebuttal evidence.

 

4409.20The formal rules of evidence shall not apply, but the hearing officer shall exclude irrelevant or unduly repetitious evidence.

 

4409.21Parties may stipulate to any facts and such stipulation may be put in evidence.

 

4409.22All proceedings shall be recorded. The transcripts shall promptly be made available to any party upon request, at the party's expense. Every Commission prepared transcript shall be certified by the hearing officer. Any party may, at its expense, provide for transcription of the proceedings by a certified court reporter in place of recording, in which case, that transcript shall be the official record.

 

4409.23Within twenty (20) days after the close of the hearing, the hearing officer shall issue a written decision which states the issues, summarizes the evidence and makes findings of fact, conclusions of law, and a disposition of the matter.

 

4409.24Copies of the hearing officer's decision shall be served upon the parties either personally or by regular mail on the day the decision is issued together with instructions on how to appeal the decision to the Commission and indicating the last date the appeal may be filed.

 

4409.25The decision of the hearing officer shall be final, if there is no appeal to the Commission within the time specified.

 

4409.26Any party may appeal the hearing officer's decision to the Commission within thirty (30) days of personal service and thirty-five (35) days of service by first class mail of the decision.

4409.27The appeal shall:

 

(a) Be signed by the party;

 

(b) Identify the decision appealed from; and

 

(c) Specify the grounds on which it is based. 

 

4409.28The party appealing shall serve a copy of any appeal filed upon the opposing party on the day it is filed. Service may be made personally or by first class mail.

 

4409.29 The opposing party's response or counter-appeal shall be filed within ten (10) days of personal service and fifteen (15) days of service by first class mail.

 

4409.30 Within twenty (20) days of the filing an appeal, the record shall be prepared for review by the Commission.

 

4409.31 The Commission shall review the decision within sixty (60) days after the record is prepared.

4409.32Upon review of the record, and after giving consideration to the matters raised on appeal, the Commission shall:

 

(a)Adopt the decision of the hearing officer;

 

(b)Issue a Commission decision;

 

(c)Return the matter to the hearing officer for further proceedings; or

 

(d)Schedule the matter for hearing or argument before the Commission.

 

4409.33Review of a final Commission decision shall be pursuant to D.C. Official Code §§ 34-604, 34-605 (2010 Repl.).

 

authority

The Public Service Commission of the District of Columbia (Commission) hereby gives notice, pursuant to section 34-802 of the District of Columbia Official Code and in accordance with section 2-505 of the District of Columbia Official Code and the “Clean and Affordable Energy Act of 2008.”

source

Notice of Final Rulemaking published at 58 DCR 9521, 9533 (November 11, 2011).