- (a) A service provider or business service user that disagrees with an initial written staff determination as to the untimely delivery of 9-1-1 emergency service fees or 9-1-1 equalization or poison control surcharges, the costs of collection, or recommended late penalties may request a reconciliation conference with the staff on the matter within 30 days of receipt of the staff's initial written determination. After the reconciliation conference, or if no reconciliation conference is requested within the 30 days, the staff shall notify the service provider or business service user in writing of its recommendation to the commission on the matter.
- (b) If the service provider or business service user does not wish to dispute any part of the staff's recommendation to the commission, the service provider or business service user shall notify staff in writing within 30 days after receipt of the staff's recommendation. The staff will then present the non-disputed recommendation to the commission for consideration at an open meeting, except that the staff may administratively approve the non-disputed recommendation if it is for the full amount. If the commission approves the non-disputed recommendation, the service provider or business service user shall pay the amounts within 30 days after receipt of the notice of the commission's approval of the non-disputed recommendation.
- (c) If the service provider or business service user wishes to dispute any part of the staff's recommendation to the commission, the service provider or business service user shall request a hearing within 30 days after receipt of the staff's recommendation. The request for a hearing must be in writing and must include a statement of grounds that sets out in detail the reasons the service provider or business service user does not agree with the staff's recommendation. Legal authority must be cited if the service provider or business service user disagrees with the staff's interpretation of the law. The staff will then begin to proceed to formal contested case proceedings, unless the staff determines that further settlement discussions with the service provider or business service user are warranted.
- (d) If the service provider or business service user does not timely respond to staff's recommendation to the commission, the staff may then begin to proceed to formal contested case proceedings, unless the staff determines that further settlement discussions with the service provider or business service user are warranted.
Source Note:The provisions of this §253.3 adopted to be effective February 26, 1998, 23 TexReg 1541.