Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 290 - STANDARDS FOR BILLING, CREDIT AND COLLECTION, AND CUSTOMER INFORMATION FOR ELIGIBLE TELECOMMUNICATIONS CARRIERS PROVIDING BASIC TELEPHONE SERVICE › Section 407-290-20 - WAIVER

Current through 2024-29, July 17, 2024
A.
General waiver
. Upon the
				request of any person subject to this Rule 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
. An 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 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 shall include a detailed statement of the
				facts alleged by the ETC in support of the request. The 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
				investigations
. 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 ETC, it shall notify the customer and the 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 ETC of the
				right to appeal the Consumer Assistance Division's decision to the Commission,
				as provided in subsection
				4 below.
4.
Appeals to Commission
. By
				following the procedures in section
				18(H) of this
				Chapter, 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 ETC may not act on the
				exemption until the appeal period expires.