(a) Definition. For purposes of this section, "complaint" means an allegation by a resident that a utility is excavating, constructing, or performing other work in a right-of-way in violation of this title. The term does not include a service-related complaint handled by a utility in the ordinary course of its business.
(b) Utility complaint procedure. A utility shall establish and file with the Department written procedures for receiving, acting on, and resolving complaints. The utility shall investigate a complaint and notify the resident in writing within ten days after receipt of the complaint of the results of the investigation and of any proposed action or resolution. The utility also shall notify the resident of the right to file a complaint with the Department.
(c) County complaint procedures. A resident may initiate a review of a complaint previously made to a utility by filing with the Department the complaint and any associated correspondence or other papers. If the Department determines after a review of the complaint and other papers that there is no violation of this title, the Department shall notify the resident and the utility. Otherwise, the Department may require the resident and the utility to submit further statements in support of their respective positions. The utility or the resident may request in their statements that the Department conduct an informal discussion of the complaint. If requested, the Department shall conduct an informal discussion, in person or by teleconference. Promptly thereafter, the Department shall issue a written decision. If the Department determines that the utility violated a provision of this title, the Department may employ one or more of the enforcement measures allowed by this article.
(Bill No. 53-06)