Section R14-2-1910. Informal Complaint Process

A.      A Subscriber may file an informal complaint within 90 days of receiving notice of an Unauthorized Charge, or, thereafter, upon a showing of good cause. The complaint shall be submit- ted to the Commission Staff in writing, telephonically, or via electronic transmission, and shall include:

1.        Complainant’s name, address, telephone number;

2.        The names of the Telecommunications Companies involved;

3.        The approximate date of the alleged Unauthorized Change;

4.        A statement of facts, including documentation, to support the complainant’s allegation;

5.        The amount of any disputed charges, including any amount already paid; and

6.        The specific relief sought.

B.       Commission Staff shall:

1.        Assist the parties in resolving the informal complaint;

2.        Notify the Executing Telecommunications Company, original Telecommunications Company, and alleged Unauthorized Carrier of the alleged Unauthorized Change;

3.        Require the alleged Unauthorized Carrier to provide an initial response within five business days of receipt of notice from the Commission;

4.        Require the alleged Unauthorized Carrier to provide doc- umentation of the Subscriber’s authorization. If such information is not provided to Staff within 10 business days of the initial Staff notification, Staff shall presume that an Unauthorized Change occurred;

5.        Advise the Telecommunications Company that it shall provide Staff with any additional information requested by Staff within 10 business days of Staff’s request; and

6.        Inform the Telecommunications Company that failure to provide the requested information or a good faith response to Commission Staff within 15 business days shall be deemed an admission to the allegations contained within the request and the Telecommunications Company shall be deemed in violation of the applicable provisions of this Article.

C.      If the parties do not resolve the matter, the Staff will conduct a review of the informal complaint and  related materials to determine if an Unauthorized Change has occurred, which review shall be completed within 30 days of the Staff’s receipt of the informal complaint.

Corporation Commission – Fixed Utilities

D.      Upon conclusion its review, Staff shall render a written sum- mary of its findings and recommendation to all parties. Staff’s written summary is not binding on any party. Any party shall have the right to file a formal complaint with the Commission under A.R.S. § 40-246. Staff’s written summary shall not be admissible in the formal complaint proceeding.

Historical Note

New Section made by final rulemaking at 10 A.A.R.

2409, effective July 23, 2004 (Supp. 04-2).