justicedao/ipfs_state_laws huggingface dataset:
860-002-0050 Contents of a Petition for Alternative Dispute Resolution, Supporting Materials, and Response Requirements (1) A petition for alternative dispute resolution under these rules will be filed using a form made available by the Commission. The petition will include the names of the parties, the docket number of the related complaint or petition for declaratory ruling (if applicable), and an affirmation that the non-petitioning party has agreed to participate in alternative dispute resolution. (2) Supporting materials for a petition for alternative dispute resolution will not be filed with the Commission but instead w ill be exchanged by the parties in accordance with OAR 860-002-0040. Supporting materials must not exceed five in length, unless otherwise agreed to by both parties, and (a) Must explain the core issues in the dispute and provide a summary of background information, and (b) May be accompanied by reference material intended to aid the mediator's understanding of the issues. Petitioners are particularly encouraged to attach draft or partially-executed power purchase agreements to disputes related to a power purchase agreement. Reference material will not count towards the five-page limitation but should be limited in nature. (3) The non-petitioning party’s statement should not exceed five pages in length, unless otherwise agreed to by both parties, and (a) The response must address the core issues in the dispute and provide a summary of background information. (b) May be accompanied by reference material intended to aid the mediator's understanding of the issues. Non-petitioning parties are particularly encouraged to attach draft or partially-executed power purchase agreements to complaints related to a power purchase agreement. Reference material will not count towards the five-page limitation but should be limited in nature. Statutory/Other Authority: ORS 756.040 & ORS 756.060 Statutes/Other Implemented: ORS 183.502 History: PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021
860-002-0060 Assignment of a Mediator (1) For each request for alternative dispute resolution, the Chief Administrative Law Judge must appoint a mediator to facilitate the process. (2) The Chief Administrative Law Judge may appoint an Administrative Law Judge trained in mediation, a mediation expert contracted to provide services to the Commission, or a mediator that has been suggested by both parties. (a) If the Chief Administrative Law Judge appoints an Administrative Law Judge as mediator, that same Administrative Law Judge will not be appointed to preside over any related complaint or petition for declaratory ruling. (b) An Administrative Law Judge that acts as mediator for a dispute is not permitted to disclose any aspect of the parties' positions, statements, or proposals with anyone (other than the parties), including but not limited to the Administrative Law Judge assigned to the related complaint or petition for declaratory ruling, Commissioners, Commission Staff, or Commission Advisors. (c) The mediator must maintain confidentiality with respect to the mediation proceedings, and may disclose only whether an agreement was reached and if so, may disclose terms of the agreement if authorized by both parties. Statutory/Other Authority: ORS 756.040 & ORS 756.060 Statutes/Other Implemented: ORS 183.502 History: PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021
860-002-0070 Confidentiality and Use of Statements, Proposals, or Materials in Alternative Dispute Resolution (1) Unless otherwise agreed to by the parties in writing, all written or oral communications made by the parties in preparation for or during the mediation session(s) including but not limited to offers of settlement must be kept confidential by the parties and the mediator, may not be used by the non-disclosing party for any purpose other than participation in the mediation process, and may not be released to any third party or be offered into evidence in any legal proceeding unless agreed to in writing by both parties. Confidentiality obligations in this section apply to each party's employees and representatives (including each party's counsel). (2) For purposes of ORS 192.502(4), the Commission obligates itself to protect from disclosure any document submitted in confidence during settlement discussions. Statutory/Other Authority: ORS 756.040 & ORS 756.060 Statutes/Other Implemented: ORS 183.502 History: PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021
860-002-0080 Alternative Dispute Resolution Mediation Session (1) Unless otherwise agreed to by the parties, no more than four persons for each party may attend the mediation session. Only the parties and the mediator may attend the mediation session, except as provided in section 2 of this rule. (2) If agreed, parties may request that Commission Staff participate in a mediation. The Administrative Hearings Division will assess whether or not it is possible for Commission Staff to participate in an individual mediation. Any appointed Staff is not permitted to participate in any related complaint or petition for declaratory ruling proceedings, and is not permitted to disclose any aspect of the parties' positions, statements, or proposals with anyone (other than the parties), including but not limited to the Administrative Law Judge or Commission Staff assigned to the related complaint or petition for declaratory ruling, Commissioners, or Commission Advisors. (3) The mediation session is led by the mediator. The mediator will begin the session by introducing parties, reviewing the protocol for the session, and stating the goals for the session. At the outset of the mediation, each party will be given time to present their view of the dispute without interruption. (4) Where appropriate, the session may result in a negotiation. The assigned mediator will be available to the parties to support the development of settlement proposals. (a) At the request of parties, the mediator may lead a settlement discussion, engage in shuttle diplomacy between parties, or develop proposed settlement concepts after the mediation session for presentation at a subsequent mediation session. (b) If an agreement is reached, at the request of the parties, the mediator may continue to work with the parties under this rule in resolving any disputes that may arise in drafting a final written settlement agreement. Statutory/Other Authority: ORS 756.040 & ORS 756.060 Statutes/Other Implemented: ORS 183.502 History: PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021
860-002-0090 Mediator Evaluation (1) The mediator may provide parties with an independent assessment of the issues and potential outcome of the case. (2) The mediator may provide the confidential assessment orally at the conclusion of a mediation session or, if requested by the parties, in writing to the parties following the session. (3) The confidential independent assessment will be provided only to the parties and will not be provided to any other person, including any other party at the Commission, including, but not limited to, the Administrative Law Judge presiding over any related complaint or petition for declaratory ruling, the Commissioners, Commission Staff, or Commission Advisors. The assessment may not be admitted into in any legal proceeding unless agreed to in writing by both parties. Statutory/Other Authority: ORS 756.040 & ORS 756.060 Statutes/Other Implemented: ORS 183.502 History: PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021
860-011-0036 Personal Services Contracts (1) The Commission may enter into personal services contracts as required or appropriate for the discharge of its duties. (2) The model rules adopted by the Attorney General do not apply to the Commission. (3) Department of Administrative Services Public Contracting Rules for Personal Services Contracts OAR chapter 125, divisions 246, 247 and 248 apply to all personal services contracts, except as specified in section (4) of this rule. (4) The following public contracting rules do not apply to personal services contracts used by the Commission: OARs 125-246-0345(2), 125-246-0350, 125-246-0351, and 125-246-0352. Statutory/Other Authority: ORS 756.036 Statutes/Other Implemented: ORS 756.036 & 279A.050 History: PUC 6-2005, f. & cert. ef. 11-28-05
860-016-0000 Definitions and Filing Dates As used in Division 016 of the rules: (1) "The Act" means the federal Communications Act of 1934, as amended by the Telecommunications Act of 1996. (2) "Arbitration" means the submission of a dispute for resolution by a neutral third party appointed by the Commission pursuant to Section 252(b) of the Act. (3) "Commission" means the Public Utility Commission of Oregon. (4) "Mediation" means a process in which a neutral third party assists negotiating parties to reach their own solution pursuant to Section 252(a)(2) of the Act. (5) "Petitioner" means a person who has filed a petition for arbitration under the Act. (6) "Respondent" means the party to a negotiation, which did not make the request for arbitration. (7) Filing dates are calculated and enforced per OAR 860-001-0150. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: 47 USC 252 History: PUC 1-2015, f. & cert. ef. 3-3-15 PUC 6-2002, f. & cert. ef. 2-13-02 PUC 25-2001, f. & cert. ef 11-5-01 PUC 8-1998, f. & cert. ef. 4-8-98
860-016-0005 Waiver Upon request or its own motion, the Commission may waive any of the Division 016 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission or Arbitrator. Statutory/Other Authority: ORS 756.040 Statutes/Other Implemented: ORS 756.040 History: PUC 6-2011, f. & cert. ef. 9-14-11
860-016-0010 Commission Policy The policy of the Public Utility Commission of Oregon relating to mediation and arbitration under the Act is to facilitate the execution of interconnection agreements among telecommunications carriers. The Commission encourages and will assist parties to reach agreement on access to the telecommunications network, as well as the routing of and payment for interconnected calls. When the parties do not reach agreement among themselves, the Commission will arbitrate disputes so that interconnection agreements will be fair and will comply with the provisions of the Act. Statutory/Other Authority: ORS 756 Statutes/Other Implemented: 47 USC 252 History: PUC 8-1998, f. & cert. ef. 4-8-98
860-016-0020 Agreements Arrived at Through Negotiation (1) Upon receiving a request for interconnection, services, or network elements pursuant to Section 251 of the Act, the affected telecommunications carrier may negotiate and enter into a binding agreement with the requesting telecommunications carrier. (2) The negotiating parties may ask a mediator outside the Commission to help them reach agreement. If they request the Commission to mediate, the Commission will use an Administrative Law Judge (ALJ) or a member of the utility Staff to mediate. Only the negotiating parties and the mediator will participate in mediation sessions. (3) After the parties reach agreement under Section 252(a) of the Act, they must file an application with the Commission seeking approval of the agreement, or for approval of an amendment to an approved agreement on file with the Commission. The application must include the negotiated agreement and a completed Carrier-to-Carrier Agreement Checklist. A copy of the checklist is available on the Commission's website. The parties may also include any other supporting information with their application. The application and checklist must be filed electronically as required in OAR 860-001-0170. (4) The Commission will approve or reject the agreement within 90 days of filing, with written findings as to any deficiencies. Prior to rejecting the agreement, the Commission will notify the negotiating parties of its intended action and provide an opportunity for the carriers to respond. The grounds for rejection are that the agreement: (a) Discriminates against a carrier not a party to the agreement; or (b) Is not consistent with the public interest, convenience, and necessity. Applicable Commission policies will be a factor in public interest, convenience, and necessity determinations. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: 47 USC 252 History: PUC 1-2015, f. & cert. ef. 3-3-15 PUC 11-2006, f. & cert .ef. 12-15-06 PUC 2-2005, f. & cert. ef. 2-11-05 PUC 12-2004(Temp), f. & cert. ef. 8-31-04 thru 2-26-05 PUC 6-2002, f. & cert. ef. 2-13-02 PUC 25-2001, f. & cert. ef 11-5-01 PUC 8-1998, f. & cert. ef. 4-8-98
860-016-0021 Wholesale Promotions (1) A carrier intending to offer a wholesale promotion that would modify the terms of a Carrier-to-Carrier Agreement must provide the Commission and other telecommunications carriers notice of the promotion at least 30 days prior to the effective date of the promotion. The notice to the Commission must include: (a) A copy of a form contract, containing the terms and conditions of the promotional offering that would be submitted as an amendment to an existing Carrier-to-Carrier Agreement; and (b) A description of the means used to notify other telecommunications carriers of the promotion. (2) The offering carrier must file the notice with the Commission and must include a completed Carrier-to-Carrier Agreement Checklist, a copy of which is available on the Commission's website. The notice and checklist must be filed electronically as required in OAR 860-001-0170. (3) The Commission will approve the form contract unless it finds that the contract, if filed as an amendment to an interconnection agreement, would be subject to rejection under OAR 860-016-0020(4). (4) If another carrier accepts the promotional offering, the offering and accepting carriers must file, within 10 days of execution by the parties, an amendment to an existing Carrier-to-Carrier Agreement incorporating the exact terms and conditions of the approved amendment in the form contract. Any such filed amendment will be deemed effective upon the later of the Commission approval of the form contract or execution of the amendment by the parties. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: 47 USC 252 History: PUC 1-2015, f. & cert. ef. 3-3-15 PUC 11-2006, f. & cert .ef. 12-15-06 PUC 2-2005, f. & cert. ef. 2-11-05 PUC 12-2004(Temp), f. & cert. ef. 8-31-04 thru 2-26-05
860-016-0025 Adoption of Previously Approved Agreement or Statement of Generally Available Terms (1) If a requesting telecommunications carrier decides to adopt an identical agreement or an identical individual arrangement contained in an agreement, pursuant to Section 252(i) of the Act and 47 CFR Section 51.809, with the exception of the adopting party's name and new effective date, previously approved by and on file with the Commission, or a Statement of Generally Available Terms approved by the Commission under OAR 860-016-0040, it must file notice of the adoption with the Commission. The notice must include a completed Carrier-to-Carrier Agreement Checklist. (2) The notice documents must be filed electronically as required in OAR 860-001-0170. (3) If the notice is filed jointly with the affected telecommunications carrier, the adoption becomes effective on the date filed. (4) If the notice is filed unilaterally by the requesting telecommunications carrier, the requesting telecommunications carrier must simultaneously provide notice of the adoption to the affected carrier. The affected carrier may then file objections to the adoption within 21 calendar days of such notice. If no objections are filed, the adoption becomes effective on the 22nd day after filing. (5) An affected carrier may object to an adoption on the following grounds: (a) The costs of providing a particular interconnection, service, or element to the requesting telecommunications carrier are greater than the costs of providing it to the telecommunications carrier that originally negotiated the agreement; (b) The provision of a particular interconnection, service, or element to the requesting carrier is not technically feasible; (c) There is new federal or state law that requires modification of the agreement proposed to be adopted; (d) The agreement proposed to be adopted has expired or been cancelled; or (e) The proposed adoption is unlawful. (6) If the affected carrier files objections, the requesting carrier may file a reply within 14 calendar days after the objections are filed. An assigned Administrative Law Judge (ALJ) will schedule a conference within 5 business days after the reply is filed, to be held as soon thereafter as practicable. At the conference, the ALJ will determine whether the issues raised by the affected carrier's objection can resolved based on the pleadings and all supporting documentation, or whether further proceedings are necessary. If further proceedings are necessary, the ALJ will establish a schedule for resolving the dispute on an expedited basis. Pending resolution of the dispute, other provisions of the proposed adoption not contested by the affected carrier will become effective. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: 47 USC 252 History: PUC 1-2015, f. & cert. ef. 3-3-15 PUC 11-2006, f. & cert .ef. 12-15-06 PUC 6-2002, f. & cert. ef. 2-13-02 PUC 25-2001, f. & cert. ef 11-5-01
860-016-0040 Statement of Generally Available Terms (1) A Bell Operating Company may file a statement of generally available terms that comply with Sections 251 and 252 of the Act. Any person may file comments concerning the statement of generally available terms within 30 days of the filing of the statement. The comments shall be limited to the standards for review established in this rule. (2) The Commission will review the statement of generally available terms within 60 days of its submission, and either reject it or permit it to go into effect. The period for review may be extended if the submitting carrier agrees to a time extension. The Commission may continue to review the statement after it has gone into effect. Statutory/Other Authority: ORS 756 Statutes/Other Implemented: 47 USC 252 History: PUC 8-1998, f. & cert. ef. 4-8-98
860-021-0000 Applicability of Division 21 The rules contained in this division apply to energy utilities and large telecommunications utilities, as defined in OAR 860-021-0008. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 759.030, 759.040 & 759.045 History: PUC 11-2001, f. & cert. ef. 4-18-01 PUC 14-2000, f. & cert. ef. 8-23-00 PUC 3-1999, f. & cert. ef. 8-10-99 PUC 14-1997, f. & cert. ef. 11-20-97 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-021-0005 Scope of the Rules Upon request or its own motion, the Commission may waive any of the Division 021 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: ORS 756.040 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 11-1998, f. & cert. ef. 5-7-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-021-0011 Multilingual Notices (1) All energy utilities’ and large telecommunications utilities’ disconnect notices shall contain the following information translated into Spanish, Vietnamese, Cambodian, Laotian, and Russian or the five most used non-English languages in an energy utility's service territory: IMPORTANT NOTICE: Your (electric, gas, or telephone) services will be shut off due to an unpaid balance on your account. You must act immediately to avoid shutoff. Important information about how you can avoid shutoff is printed in English in the enclosed notice. If you cannot understand English, please find someone to translate the notice. If translation assistance is unavailable, please contact (name) at (phone number) who will try to help you. Information on customer’s rights and responsibilities printed in this language is also available by calling that number. YOU MUST ACT NOW TO AVOID SHUTOFF. (2) The Commission will translate a customer's rights and responsibilities summary into the designated non-English languages and provide copies to utilities. The customer information published by an energy or large telecommunications utility pursuant to OAR 860-021-0010 shall prominently display the following information printed in the designated non-English languages, in boldface, at the beginning of the summary: A version of a customer rights and responsibilities summary printed in this language is available by calling (name of utility) at (phone number). (3) The energy or large telecommunications utility shall record all requests and promptly send the requested version of the summary to the customer. Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759 Statutes/Other Implemented: ORS 756.040 & OL 1987, Ch. 290 History: PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025 PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 4-2001, f. & cert. ef. 1-24-01 PUC 14-1997, f. & cert. ef. 11-20-97 PUC 13-1997, f. & cert. ef. 11-12-97 PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105)
860-021-0017 Designation of Third Party to Receive Notices Each energy or large telecommunications utility shall offer its customers the option to designate a third party to receive bills and notices set forth in these rules. When an energy or large telecommunications utility receives such designation, it shall send bills and notices required under these rules to the customer’s representative, with duplicate copies of disconnect notices also served on the customer. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 756.500 & 757.760 History: PUC 16-2001, f. & cert. ef. 6-21-01 PUC 6-1979, f. & ef. 10-6-79 (Order No. 79-680); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0080; PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 11-1998, f. & cert. ef. 5-7-98
860-021-0019 Restrictions on Entering a Customer Residence No employee of an energy or large telecommunications utility shall enter the residence of a customer without proper authorization except in an emergency endangering life or property. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040 History: PUC 16-2001, f. & cert. ef. 6-21-01 PUC 6-1979, f. & ef. 10-6-79 (Order No. 79-680); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0066