justicedao/ipfs_state_laws huggingface dataset:
860-034-0660 Review Procedure and Schedule for a Request for an Exception Filed Under OAR 860-034-0650 (1) A small telecommunications utility or Type 2 cooperative filing a petition pursuant to OAR 860-034-0650 shall include as exhibits to the petition: (a) Its request for exception and any material submitted in support of that request; (b) Staff’s notification of recommended denial of the request for exception and all material provided by staff to the small telecommunications utility or Type 2 cooperative in support of staff’s recommended denial; and (c) Any other arguments or evidence the small telecommunications utility or Type 2 cooperative chooses to submit. (2) The petition and exhibits shall constitute the entire record unless, within 20 days following the small telecommunications utility’s or Type 2 cooperative’s filing, the staff files objections to the petition or exhibits or files supplemental evidence. (3) If staff files an objection to the petition or exhibits or files supplemental evidence, the small telecommunications utility or Type 2 cooperative may file its response within 20 days from the date of the staff’s filing. (4) Within ten days after the date when the small telecommunications utility or Type 2 cooperative is to respond, either staff or the small telecommunications utility or Type 2 cooperative may request a hearing. If neither staff nor the small telecommunications utility or Type 2 cooperative requests a hearing, then the record shall be closed. (5) The Administrative Law Judge (ALJ) shall establish a schedule for the filing of briefs, upon request of either the small telecommunications utility or Type 2 cooperative or staff. (6) The ALJ shall have discretion, for cause, to modify the schedule, but in no event may modify the schedule so as to prevent the Commission from issuing an order on or before December 31. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225 History: PUC 15-2001, f. & cert. ef. 6-21-01 PUC 12-1999, f. & cert. ef. 11-18-99 PUC 3-1999, f. & cert. ef. 8-10-99 PUC 12-1998, f. & cert. ef. 5-7-98 PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242)
860-034-0670 Extension of Time for a Request for an Exception The Commission or a Hearings Officer may grant, upon a showing of good cause, a request to modify the filing dates set forth in OARs 860-034-0640 through 860-034-0660. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 3-1999, f. & cert. ef. 8-10-99 PUC 12-1998, f. & cert. ef. 5-7-98 PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242)
860-034-0710 Extension of Time for a Request for an Exception Filed Under OAR 860-034-0650 Type 2 cooperatives shall, upon the Commission’s request, provide copies of any schedules showing rates, tolls, and charges, including all rules and regulations that in any manner affect any joint rates or rates charged for through services. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 3-1999, f. & cert. ef. 8-10-99
860-034-0720 Announcement of Rate Increases for Joint Rates or Rates Charged for Through Services by Type 2 Cooperatives A Type 2 cooperative that increases any joint rate or rate charged for a through service shall notify its affected customers, who have requested notice, at least 30 days before the proposed effective date of the increase, or as ordered by the Commission. The Type 2 cooperative shall file a copy of such notification at the same time with the Commission. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225 History: PUC 15-2001, f. & cert. ef. 6-21-01 PUC 3-1999, f. & cert. ef. 8-10-99
860-034-0725 Telephone Solicitation Notices by Telecommunications Cooperatives Each telecommunications cooperative shall notify its residential customers of the provisions of ORS 646.561, 646.563, 646.567 through 646.578, and 646.608. The notice shall include a statement that a customer not wishing to be solicited may file a request, together with the required fees, with the telephone solicitation program administrator contracted by the State Attorney General. The notice shall include the address and the telephone number for the customer to contact the telephone solicitation program administrator. The notice shall be provided in the following manner and a copy shall be forwarded to the Commission: (1) Annual inserts in the billing statements mailed to parties; or (2) Conspicuous publication of the notice in the consumer information pages of local telephone directories. Statutory/Other Authority: ORS 183, 646, 756 & 759 Statutes/Other Implemented: ORS 646.578 & 756.040 History: PUC 15-2001, f. & cert. ef. 6-21-01 PUC 3-2001, f. & cert. ef. 1-24-01
860-034-0730 Uniform System of Accounts for Type 2 Cooperatives (1) The Uniform System of Accounts for Telecommunications Companies, Part 32, adopted by the Federal Communications Commission (FCC) on February 6, 2002, is hereby adopted and prescribed for all Type 2 cooperatives utilities except as modified for intrastate purposes in sections (2) through (5) of this rule. (2) A Type 2 cooperative may follow Class B accounting except when Class A accounting is needed to complete intrastate depreciation and jurisdictional separation studies, to provide the details requested in annual reports under OAR 860-034-0750, and to comply with other Oregon rules and statutes. (3) The allocation rules in Part 32, Section 32.27, are replaced by OAR 860-034-0740(3). (4) For construction work in progress and property held for future use, each Type 2 cooperative shall maintain subsidiary records consistent with ORS 759.285. (5) Each Type 2 telecommunications cooperative shall maintain subsidiary records sufficient to identify the following universal service fund collection, revenues, and expenses: (a) [Reserved]. (b) Federal universal service fund collection (Account 5081). (c) Federal universal service fund contribution (Account 6540). (d) State universal service fund collection and contribution (Account 4010). (e) Interstate and intrastate switched access revenue (Account 5082). (f) Interstate and intrastate special access revenue (Account 5083). (g) [Reserved]. (h) Distributions from the federal USF and the Oregon USF. (i) Depreciation expenses related to telecommunications plant in service, depreciation expense related to property held for future use, and amortization expense. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225 History: PUC 3-2013, f. & cert. ef. 5-17-13 PUC 8-2010, f. & cert. ef. 12-20-10 PUC 14-2002, f. & cert. ef. 3-26-02 PUC 4-2001, f. & cert. ef. 1-24-01 PUC 16-2000, f. & cert. ef. 9-12-00 PUC 9-2000, f. & cert. ef. 5-26-00 PUC 3-2000, f. & cert. ef. 2-9-00 PUC 3-1999, f. & cert. ef. 8-10-99
860-034-0750 Annual Report Requirements for Type 2 Cooperatives Annual reports will be submitted by Type 2 cooperatives. The total company Form O report for the previous calendar year shall be submitted on or before April 1, using the most current forms approved by the Commission. The Form I report for the previous calendar year shall be submitted on or before October 31, using the most current forms approved by the Commission. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225 History: PUC 19-2000, f. and cert. ef. 12-28-00 PUC 3-1999, f. & cert. ef. 8-10-99
860-036-1000 Scope and Applicability of Rules (1) The rules contained in Division 036 are applicable to water utilities providing water service in the State of Oregon. (2) All water utilities must comply with applicable Commission rules, regulations, statutes, and orders, including those related to the filing of applications and petitions. (3) Upon request or its own motion, the Commission may waive any of the Division 036 rules for good cause shown. A request for waiver must be made in writing and filed with the Commission's Filing Center. (4) The rules contained in Division 036 do not restrict the authority of the Commission to require repairs or service improvements incorporating standards other than those set forth in this division when, after investigation, the Commission determines they are necessary. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 756.075, 756.515, 757.020, 757.035 & 757.310-757.330 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1010 General Definitions As used in Division 036: (1) "Applicant" means a person who does not meet the definition of a customer, who applies for service with a water utility. (2) “Commercial service” means water service provided by the water utility that the customer uses in the promotion of a business or business product that is a source of revenue or income to the customer or others using the premises. (3) "Customer" means a person who is currently receiving water service and is entitled to certain rights as a customer under these rules. A residential customer retains customer status for 20 calendar days following voluntary disconnection of service and must be treated as a customer if he or she reapplies for service within that 20 calendar day period. (4) "Formal complaint" means a written complaint filed with the Commission's Administrative Hearings Division. (5) "Informal complaint" means a complaint, registered with the Consumer Services Section, which is not the subject of a formal complaint. (6) "Rate-regulated water utility" means a water utility that is subject to regulation of its rates and service under ORS 757.061. (7) "Residential service" means water service provided for domestic or irrigation purposes in a residential area and is not considered a commercial service. (8) "Served" for purpose of delivery of any required notice or document, unless otherwise specifically noted, means: delivered in person, by personal contact over the telephone, or in writing delivered to the party's last known address. If delivered by US Mail, the notice is considered served two calendar days after the date postmarked, the date of postage metering, or deposit in the US Mail, excluding Sundays and postal holidays. (9) “Service-regulated water utility” means a water utility that is subject to regulation of its service under ORS 757.061. (10) “Statement of rates” means a list of water service rate schedules and charges, including the terms and conditions for each service, for water utilities that are not rate regulated. (11) “Tariff” means a rate-regulated water utility's published rates and charges, terms and conditions for each type of service, and rules and regulations. (12) “Water system” means all assets, equipment, and infrastructure necessary in the provision of water service to customers. (13) "Water utility" means a water system that is subject to Commission regulation as provided under ORS 757.005 and ORS 757.061. “Water utility” may include an association that provides water to its members if the association also serves the public or becomes regulated under ORS 757.063 and OAR 860-036-1930. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.061 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1050 Annual Fees Payable to the Commission by a Water Utility (1) Subject to the provisions of this rule, each calendar year all water utilities under some form of Commission regulation must: (a) Pay an annual revenue fee to the Commission as authorized in ORS 756.310; and (b) Provide all information required in the Commission’s approved annual fee statement form available on the Commission’s website at www.puc.state.or.us/Pages/water/index.aspx. (2) A fee payment may be made by cash, money order, bank draft, sight draft, cashier’s check, certified check, or personal check. A payment made by check will be conditionally accepted until the check is cleared by the bank on which it is drawn. (3) In addition to the annual fee payable under section (1) of this rule, the Commission may impose the additional fees and penalties as authorized by ORS 756.350 and OAR 860-001-0050. (4) For any year in which a water utility's statement form was due, the Commission may audit the utility as the Commission deems necessary and practicable. The audit must begin no later than three years after the statement form's due date. If the Commission determines that the utility has underreported its subject revenues, the Commission may assess an additional annual fee, along with a penalty for failure to pay under ORS 756.350. If the Commission determines that the utility has overpaid its annual fee, the Commission may, at its discretion, recompense the utility with a refund or a credit against annual charges subsequently due. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: ORS 756.310, 756.320 & 756.350 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1060 Estimated Annual Fees Payable to the Commission by a Water Utility (1) For any year in which a water utility fails to file a completed annual statement form as required under OAR 860-036-1050(1), the Commission may determine a proposed annual fee based upon any information available to the Commission. The Commission will provide written notice of the proposed annual fee to the water utility. The notice must: (a) Include a penalty for failure to pay as required by ORS 756.350; (b) Include a late statement fee in accordance with OAR 860-001-0050; (c) Be made no later than three years after the statement form's due date; and (d) Include a statement that the water utility may request a hearing on the proposed annual fee within 30 calendar days of the notice. (2) If the water utility has not filed a petition by the end of the 30-calendar day period, the proposed annual fee is due and payable. Statutory/Other Authority: ORS 183, 192, 756 & 757 Statutes/Other Implemented: ORS 756.040, 756.310, 756.320 & 756.350 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1100 Information for Applicants and Customers (1) When service is initiated and not less than once a year thereafter, a water utility must provide its residential customers with a copy of the Customer Rights and Responsibilities available on the Commission's website at https://www.oregon.gov/puc/Pages/default.aspx, or a Commission-approved version prepared by the utility. A copy of the Customer Rights and Responsibilities summary must be posted in a conspicuous place in the water utility's business office. Upon request, the Commission will provide a translation of the Commission’s Customer Rights and Responsibilities summary in Spanish, Vietnamese, Cambodian, Laotian, or Russian. (2) All required notices and filings must include the water utility's legal name, name of the water system, mailing address, telephone number, emergency telephone number, and email address or website. (3) Upon request by an applicant or a customer, a water utility must provide: (a) A copy of its approved tariffs or statement of rates; (b) A copy of the utility’s rules and regulations applicable to the type of service being provided; and (c) The option to receive electronic copies of all written notices to be issued on the customer’s account under these rules. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 756.040 History: PUC 8-2024, minor correction filed 12/06/2024, effective 12/06/2024 PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1110 Water Utility Emergency and Nonemergency Response Requirements (1) Each water utility must maintain a business location and a telephone number at which it may be contacted directly during its regular business hours. A water utility must respond to nonemergency inquiries, complaints, and service problems within one business day. (2) A water utility must provide a means by which it may be contacted at any hour regarding a water failure or emergency. A water utility must respond to the caller within one hour of the time of the call or message and promptly take appropriate action to resolve the failure or emergency. If extenuating circumstances exist that prevent the water utility from responding to the caller within one hour, the Commission may require the water utility to justify the delay. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1120 Designation of Third Party to Receive Copies of Bills and Notices A water utility must offer applicants and customers the option to designate a third party to receive copies of bills, notices, or both. When a water utility receives such designation, it must send duplicate copies of bills or notices required under these rules to the customer's representative. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1160 Continued or Restored Service Pending Informal or Formal Dispute (1) A complainant with an informal or formal complaint is entitled to continued or restored service if: (a) Disconnection of service is or was based on grounds other than tampering with water utility property, stealing, diverting, or engaging in unauthorized use of water; (b) A bona fide dispute exists in which the facts asserted entitle the complainant to service; (c) The complainant diligently pursues dispute resolution under the Commission's rules; and (d) The complainant pays all undisputed amounts for water service pending resolution of the dispute. (2) In determining whether the conditions in section (1) of this rule are met for a complainant with an informal complaint, the water utility must consult with the Consumer Services Section. (3) A complainant with a formal complaint may request a hearing to determine entitlement to continued or restored service. Unless extraordinary circumstances exist, the Commission will conduct the hearing by telephone within three business days. Notice of the hearing will be provided to the complainant and the water utility at least 12 hours before the date and time of the hearing. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 756.500 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1200 Applications for Water Utility Service (1) Any person wanting water service must submit an application to the water utility. A separate application is required for each property to be served. (2) A water utility may require an applicant to provide the following information when applying for service: (a) The applicant's name, service address, and billing address; (b) The contact information where the applicant can be reached; (c) The type of water service requested and its intended use; and (d) The name to be used to identify the account, if different than the applicant’s actual name. (3) If the account is for residential service, the water utility may also request the applicant to provide the following information: (a) The names and birth dates of all persons responsible for payment on the account; and (b) For each person responsible for payment on the account, two forms of government-issued photo identification, or one government-issued photo identification and one of the following: (A) A valid social security number; (B) A current photo identification from a school or employer and the name, address, and telephone number of a person who can verify the applicant's identity, such as a teacher, employer, or caseworker; or (C) Other information deemed sufficient by the water utility to establish an applicant's identification. (4) Once an applicant has submitted all information required by the water utility under these rules, a water utility must either accept or refuse an application within two business days of its receipt. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1210 Establishing Credit for Residential Service (1) Except as provided by section (3) of this rule, a water utility may require an applicant to establish satisfactory credit for new residential service by showing one of the following: (a) The applicant received 12 months of continuous water service during the preceding 24 months, and the water utility can verify that the applicant voluntarily disconnected service and timely paid for all services rendered; or (b) The applicant provides proof of a regular source of income. (2) If an applicant is unable to establish satisfactory credit, a water utility may require a deposit under OAR 860-036-1220(2) or allow a written surety agreement under OAR 860-036-1230. (3) An applicant who has customer status under OAR 860-036-1010(3) is not required to establish credit for new residential service. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1220 Deposits for Residential Service (1) Under conditions set forth below, a water utility may require an applicant or customer to pay a deposit as a guarantee of payment for services provided. Amounts held by a water utility may not exceed one-sixth of the actual or estimated annual billing for the premises. (2) A water utility may require an applicant to pay, prior to service being provided, a deposit at the time of filing an application if: (a) The applicant is unable to establish credit under OAR 860-036-1210; (b) The applicant was previously disconnected by the water utility for tampering with water utility facilities, theft of service, or unauthorized use of water under OAR 860-036-1590; or (c) The applicant was a prior customer of the water utility during the last 24 months and either: (A) Was disconnected for nonpayment; or (B) Failed to pay the account final bill by the due date. (3) After service is initiated, the water utility may require a customer to pay a deposit, to be paid in full within seven calendar days, if: (a) The customer provided false information to establish credit; or (b) The customer tampered with water utility facilities or engaged in theft of service or unauthorized use of water under OAR 860-036-1590. (4) A customer's failure to pay a deposit imposed under section (3) of this rule within seven calendar days is grounds for disconnection under OAR 860-036-1500. (5) The water utility may adjust the deposit amount when a customer moves to a new location within the water utility's service area, and the anticipated bill at the new residence will be at least 20 percent greater than the basis of the existing deposit. (6) When the customer pays the deposit in full, the water utility must provide the customer with a written document showing the date, the service address, the amount of deposit, the customer's payment made in full, the interest rate to be applied to the deposit, and an explanation of the conditions under which the deposit will be refunded. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17