1. A. A LEC shall attempt to arrange a plan for the payment of past due LEC charges when a residential customer who has not been chronically delinquent indicates an inability to pay the charges. The LEC shall not discontinue service to the residential customer while a payment plan is being negotiated.

2. B. The LEC shall also inform the customer that a low income telephone assistance program (LITAP) is available to qualifying residential customers and shall ask if the customer would like to receive further information about the program. If the customer answers affirmatively, the LEC shall inform the customer:

   (1) that applications are available at its billing offices or that the LEC will mail an application to the customer;

   (2) that the customer must submit to the LEC a completed application and proof that the customer meets the eligibility requirements for one or more need-based assistance programs administered by the human services department;

   (3) that, if the customer does not have such proof, the LEC shall advise the customer to contact his or her local human services department income support division office or call the HSD customer help desk at its toll free telephone number for information on how to obtain proof of eligibility;

   (4) of other community assistance programs that may be available; and

   (5) that the customer may obtain additional assistance from the commission’s consumer relations division and the LEC shall provide the toll-free telephone number of the commission’s consumer relations division.

3. C. Each LEC shall provide a procedure for reviewing residential customer allegations that a proposed payment plan is unreasonable, that a LEC charge is not due and owing, or that the customer has not violated an existing payment plan. The procedure shall grant the reviewing employee authority to order appropriate corrective action. A LEC shall not discontinue service until the review is completed. If a residential customer fails to comply with a payment plan and the LEC decides to discontinue service due to such failure, the LEC shall notify the customer as prescribed in Subsection B of 17.11.16.19 NMAC. The LEC shall submit the procedure to staff for approval thirty (30) days prior to implementing the procedure. If staff and the LEC cannot resolve any differences regarding the procedure, staff will present the issues to the commission for determination.

[17.11.16.20 NMAC - Rp, 17.11.16.19 NMAC, 2-1-06]