Authority: IC 8-1

Affected: IC 8-1-2-34.5

Sec. 9. (a) An individual or entity may informally complain to the commission's consumer affairs division with respect to any matter within the jurisdiction of the commission. The complaints may be made:

1. (1) in person;
2. (2) by telephone;
3. (3) in writing; or
4. (4) by completing a form available from the consumer affairs division.

A complaint shall be considered filed upon receipt by the commission, except mailed complaints shall be considered filed as of the postmark date. In making a complaint, the customer shall state, at a minimum, his or her name, service address, telephone number, and the general nature of his or her complaint.

(b) References to CSP in this section exclude:

1. (1) radio common carriers;
2. (2) CMRS providers; and
3. (3) information service providers.

(c) Without the customer's permission, the CSP shall not disconnect, remove, or restrict any service that is the subject matter of the complaint while any commission review or investigation of the complaint is pending. The customer shall continue to pay all undisputed charges. In those instances when the customer and CSP cannot agree as to what portion of a bill is undisputed, the customer shall pay on the disputed bill an amount equal to the customer's average bill for the twelve (12) months immediately preceding the disputed bill. In those cases where the customer has received fewer than twelve (12) bills, the customer shall pay an amount equal to one-twelfth (1/12) of the estimated annual billing for service to be rendered to the customer.

(d) If the customer is dissatisfied with a CSP's notice of its proposed disposition of the complaint, the customer may, within seven (7) days after the postmark date of the notice, file a consumer complaint with the commission's consumer affairs division.

(e) Upon receiving a consumer complaint, the following actions shall be taken:

1. (1) The CSP shall be notified that a complaint has been made.
2. (2) The complaint shall be investigated.
3. (3) The customer and the CSP shall be notified of the decision made on the complaint in accordance with applicable law.

(f) Requirements for an informal review are as follows:

1. (1) The customer or the CSP may make a written request that a decision made under subsection (d) be reviewed informally by the consumer affairs director or designee. The written request shall be made within seven (7) days of the decision. The records of the commission relating to the reviews shall be kept in a systematic order.

2. (2) Upon receiving a request for an informal review, the consumer affairs director or designee shall provide an informal review within thirty (30) days. The review shall:

   1. (A) consist of not less than a prompt and thorough investigation of the dispute; and
   2. (B) result in a written decision to be mailed to the customer and the CSP within thirty (30) days after its receipt of the customer's request.
3. Upon request by either party or the consumer affairs director or designee, the parties shall be required to meet and confer to the extent and at such place as the consumer affairs director or designee may consider appropriate.

(g) The customer may make a written request that the commission investigate the disposition of the informal review. The written request shall be made within seven (7) days of the consumer affairs division's notice of disposition. Prior to entering an order upon a commission investigation, the commission shall afford the customer and the CSP notice and an opportunity to be heard.

(h) Without the customer's permission, the CSP shall not disconnect, remove, or restrict any disputed service until at least twenty-one (21) days have elapsed from the date of the consumer affairs division's disposition, or the commission's order upon investigation, if any.

(Indiana Utility Regulatory Commission; 170 IAC 7-1.3-9; filed Aug 7, 2002, 10:05 a.m.: 25 IR 4071, eff one hundred eighty (180) days after filing with the secretary of state or January 1, 2003, whichever is later; errata filed Jul 21, 2009, 1:33 p.m.: 20090819-IR-170090571ACA; readopted filed Oct 2, 2009, 11:04 a.m.: 20091028-IR-170090574RFA; filed Oct 8, 2010, 10:35 a.m.: 20101103-IR-170090478FRA; readopted filed Jul 12, 2016, 10:01 a.m.: 20160810-IR-170160168RFA; readopted filed Jul 12, 2022, 12:18 p.m.: 20220810-IR-170220116RFA)