1. (a) Assignment. Review of informal complaint decisions will be heard de novo by a law judge or special agent.
2. (b) Filing and docketing. A complaint will be filed and docketed as a formal Commission complaint, under § § 1.31—1.38 (relating to documentary filings).
3. (c) Captions. The parties to a review will be stated in the caption as they stood upon the record of the informal complaint proceeding. If the party requesting review is a public utility, the phrase ‘‘Complaint Appellant’’ will be added after its name.
4. (d) Hearings. Hearings conducted by an administrative law judge or special agent will be held within a reasonable period of time after the filing of the answer. The parties may incorporate portions of the conference report or informal decision that they shall agree upon.

5. (e) Formal complaint decision. The administrative law judge or special agent assigned to the formal complaint will issue a decision within a reasonable period of time after the receipt of the transcribed testimony. The following will be included in the decision:

   1. (1) A description of the matter.
   2. (2) A findings of fact.
   3. (3) The conclusions of law.
   4. (4) Other discussion and opinion as appropriate.
6. (f) Commission review. The Commission will review the decision of the assigned administrative law judge or special agent, commit it to advisory staff for further analysis, remand it to an administrative law judge or special agent for further development of the record or issue a final order. The burden of proof for the formal complaint remains with the party who filed the informal complaint. For legal or policy issues raised by the public utility, the burden of proof for the formal complaint will be with the public utility raising the legal or policy issue.

Authority

The provisions of this § 56.173 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 332, 501, 504, 1301, 1305, 1401—1419, 1501, 1504 and 1509.

Source

The provisions of this § 56.173 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended July 20, 1984, effective July 21, 1984, 14 Pa.B. 2676; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473; amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359005) to (359006).

Cross References

This section cited in 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.163 (relating to Commission informal complaint procedure); 52 Pa. Code § 56.172 (relating to time for filing); and 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).