1. (a) Reasons for refusal. A utility may refuse service to an applicant only for the following reasons:

   1. (1)

      1. (A) A bill from the utility for the same kind of utility service remains unpaid in the applicant’s name.
      2. (B) Exception. A utility may not refuse utility service to an applicant because of unpaid bills for merchandise or nonutility services purchased, rented, or leased from or through the utility;
   2. (2) Application for service following the relocation of the applicant and a former customer to new premises from premises where a bill remains unpaid for service that was provided to the former customer while the applicant was a full-time occupant;

   3. (3) Application for service at premises where there is an unpaid utility bill and where:

      1. (A) The former customer who owed the bill remains at the premises;
      2. (B) A full-time occupant of the premises when the bill was incurred remains at the premises; or
      3. (C) A full-time user of the service when the bill was incurred remains at the premises;
   4. (4) The applicant is not in compliance with an Arkansas Public Service Commission order, a delayed payment agreement, or an extension agreement with the utility entered with respect to service previously rendered by the utility to the applicant;
   5. (5) The applicant has not paid the utility an approved fee, charge, or deposit as provided for in this part or the utility’s approved tariffs;
   6. (6) The applicant has not furnished adequate assurance of payment in the form of a deposit or other security for service within twenty (20) days of an order for relief under 11 U.S.C. § 366 of the United States Bankruptcy Code;

   7. (7) There is evidence that the applicant is:

      1. (A) Using service in an unauthorized manner; or
      2. (B) Tampering with the equipment furnished and owned by the utility;
   8. (8) A misrepresentation to the utility by the applicant relevant to the conditions under which the applicant may obtain utility service;

   9. (9)

      1. (A) The applicant has not provided acceptable evidence of identity.
      2. (B) Acceptable evidence includes the following:

2. (i) Driver’s license or state ID card;

   1. (ii) Military ID;

      1. (iii) ID from place of employment;

         1. (iv) Social Security card;
         2. (v) Current student ID;
         3. (vi) Passport;
         4. (vii) Birth certificate; and
         5. (viii) Any other evidence that would establish identity.

      2. (C) If a utility reasonably believes that the evidence offered is unreliable, it may:

         1. (i) Refuse to accept it; and
         2. (ii) Seek additional evidence from the applicant;
   2. (10) The applicant is not in compliance with all state and/or municipal regulations governing the service applied for;
   3. (11) The applicant is not in compliance with the utility’s tariffs which have been approved by the Arkansas Public Service Commission;
   4. (12) The service applied for is of such character that it is likely to unfavorably affect the service to other customers;
   5. (13) The connection of utility service to the applicant’s equipment would create a hazard;
   6. (14) The applicant is causing or threatening injury to a utility employee or an employee’s family to retaliate for or prevent an act the utility performs in the course of business;
   7. (15) The applicant is causing or threatening damage to utility property; or
   8. (16) An applicant for a party line had party-line service disconnected within the previous twelve (12) months because of unreasonable, unlawful, or abusive use of that service.

3. (b) Notice to applicant.

   1. (1) If a utility refuses to serve an applicant, it shall give an explanation in writing to the applicant within seven (7) business days.

   2. (2) The explanation shall include the following:

      1. (A) The reason for refusing service, including the applicable Arkansas Public Service Commission rule;
      2. (B) The conditions, if any, under which service would be provided; and
      3. (C) The applicant’s right to complain to the Arkansas Public Service Commission, including the local and toll-free telephone numbers and mailing and street address of the Arkansas Public Service Commission.

Codification Notes: This section was promulgated as Rule 3.04 of the General Service Rules prior to codification in the Code of Arkansas Rules. The United States Bankruptcy Code is codified as Title 11 of the United States Code.