Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 291 - STANDARDS FOR BILLING, CREDIT, AND COLLECTION AND CUSTOMER INFORMATION FOR NON-ELIGIBLE TELECOMMUNICATIONS CARRIERS › Section 407-291-15 - WAIVER

Current through 2024-29, July 17, 2024
A.
General waiver
. Upon the
				request of any person subject to this Chapter or upon its own motion, the
				Commission may, for good cause, waive any requirement of this Chapter that is
				not required by statute. The waiver may not be inconsistent with the purposes
				of this Chapter or Title 35-A. The Commission, the Director of the Consumer
				Assistance Division, or the Hearing Examiner assigned to a proceeding related
				to this Chapter may grant the waiver.
B.
Individual customer exemption
1.
Request requirements
. A
				non-ETC may request that the Consumer Assistance Division grant an exemption
				from any provision of this Chapter in any case involving an individual
				applicant or customer whose conduct and known financial condition pose a clear
				danger of substantial losses to the non-ETC. A request for exemption under this
				subsection must be made to the Consumer Assistance Division. The request may be
				written or oral, but an oral request must be followed promptly by a written
				confirmation. The written request or confirmation must include a detailed
				statement of the facts alleged by the non-ETC in support of the request. The
				non-ETC shall immediately notify, in writing, the individual applicant or
				customer whose service would be affected by the proposed exemption, describing
				the nature and effect of the exemption requested and the facts alleged in
				support of the request.
2.
Consumer Assistance Division investigation
. The Consumer
				Assistance Division may reject, without investigation, any request that does
				not present facts that satisfy the standard of subsection
				1 above. Before granting any
				exemption, the Consumer Assistance Division shall informally investigate the
				matter.
3.
Decision
.
				When the Consumer Assistance Division completes its investigation or summarily
				rejects the request, it shall issue a decision granting, denying, or granting
				in part the requested exemption. When the Consumer Assistance Division
				determines that an exemption is required to avoid a clear danger of substantial
				losses to the non-ETC, it shall notify the customer and the non-ETC of the
				decision. The notification may be made orally, but the Consumer Assistance
				Division shall promptly issue a written confirmation of the decision. The
				decision or written confirmation shall:
a.
				describe the nature and effect of the exemption;
b. explain why the exemption was granted or
				denied; and
c. inform the customer
				and the non-ETC of the right to appeal the Consumer Assistance Division's
				decision to the Commission, as provided in subsection
				4 below.
4.
Appeal to Commission
. By
				following the procedures in section
				14(F), a party may
				appeal a decision by the Consumer Assistance Division granting or denying, in
				whole or in part, a request for an exemption. If the Consumer Assistance
				Division grants an exemption, the non-ETC may not act on the exemption until
				the appeal period expires.