1. (1) Informal Complaints - Any affected person may informally contact the Utility Enforcement Division of the Alabama Public Service Commission by telephone, email or other means to seek the assistance of Commission personnel in the resolution of issues with any regulated aspect of the service provided by TNCs or TNC drivers. The issues that may be presented for resolution include, but are not limited to a TNC or TNC driver’s compliance with the provisions of the Act and the rules, regulations, guidelines and procedures established by the Commission for purposes of implementing the Act. In such instances, Commission personnel will attempt to informally resolve any issues presented. The informal complaint process is strongly encouraged by the Commission prior to the filing of more legally stringent formal complaints which are governed pursuant to the provisions set forth in Section (2) below.
2. (2) Formal Complaints - Upon a formal complaint made in writing in a manner compliant with Rule 9 of the Commission’s Rules of Practice, any affected person may set forth and allege that a TNC or TNC driver has failed to comply with Act 2018-127 or the associated rules and regulations of the Commission adopted for purposes of implementing the Act. Upon the filing of such a formal complaint with the Secretary of the APSC, the Commission may proceed to make such investigation as it may deem necessary or appropriate pursuant to the guidelines set forth in more detail below. The Commission may also proceed without such complaint to make such investigation whenever it deems such action necessary or appropriate for the public interest and may lodge a complaint against a TNC or the driver, so long as proper notice is provided for any hearing conducted pursuant to Subpart (4) of this rule.
3. (3) Complaints Filed by Affected Persons - A TNC or TNC driver against whom a formal complaint is filed must plead or answer such complaint in writing no later than 30 days of the service of the complaint upon the TNC or TNC driver. Following the proper service of a formal complaint and an answer thereto, the Commission may proceed to establish a public hearing concerning the matters in controversy. The Commission shall whenever possible provide the complainant, the TNC and/or the TNC driver 30 days’ notice of the time and place when the hearing will be conducted, but in no instance shall the Commission provide less than 10 days’ notice.
4. (4) Investigations/Complaints Initiated by the Commission - In the event it is the Commission which lodges a formal complaint against a TNC or TNC driver on its own motion, the Commission shall provide a written statement of the alleged areas of deficiency or noncompliance supporting the complaint upon the TNC or TNC driver at least 20 days prior to any public hearing scheduled to address such matters.
5. (5) Hearing Requirements - Unless otherwise specified by Act 2018-127 or the associated rules and regulations of the Commission adopted to implement said Act, all public hearings conducted by the Commission with respect to a formal complaint shall be conducted pursuant to the Commission’s Rules of Practice and the general provisions governing hearings before the APSC set forth in Code §37-1-83 through §37-1-90. All parties shall be entitled to be heard through themselves or their counsel and shall have process to enforce the attendance of the witnesses.
6. (6) Interventions in Hearings - Every person, firm, corporation, partnership, or organization affected thereby may petition to intervene and become a party to any proceeding conducted by the Commission pursuant to this rule.
7. (7) Remedial Actions/Penalty Provisions - If the Commission determines after investigation and any public hearing conducted pursuant to this rule that a TNC or TNC driver has failed to comply with the provisions of Act 2018-127 or an applicable rule, regulation or guideline adopted by the Commission in its implementation of said Act, the Commission may take any action consistent with Act 2018-127 deemed appropriate and necessary. Such actions may include the suspension or revocation of a TNC's permit or the assessment of a civil penalty against a TNC in accordance with Section 15(a) of Act 2018-127. Likewise, the Commission may take any action consistent with Act 2018-127 deemed necessary and appropriate concerning a TNC driver that has failed to comply with the provisions of Act 2018-127 and the implementing rules, regulations and guidelines adopted by the Commission. Such actions against TNC drivers may include requiring a TNC to suspend the TNC driver from operating on its digital network or the assessment of a civil penalty against the TNC driver in accordance with Section 15(b) of Act 2018-127.
8. (8) Right to Appeal Final Orders of the Commission - Any person, any TNC, or any TNC driver with party status to any proceeding established by the Commission pursuant to this rule who is aggrieved by any final order of the Commission with respect to any hearing before it shall have the right of appeal of any final order of the Commission pursuant to the provisions of Code of Ala. 1975 § 37-1-120 through §37-1-124.

Author: Alabama Public Service Commission

Statutory Authority: Code of Ala. 1975, §32-7C-35.

History: Adopted: June 8, 2018. Filed with LRS April 5, 2019. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on April 5, 2019, pursuant to Code of Ala. 1975, §41-22-7.