Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 25.00 - Billing And Termination Procedures Of The Department Of Public Utilities › Section 25.05 - Termination of Service to Elderly Persons

Current through Register 1525, July 5, 2024
(1)
Identifying Elderly Persons
. Each company shall devise
		procedures and methods reasonably designed to identify, before termination of
		service for non-payment, accounts affecting households in which all residents
		are 65 years of age or older. Such procedures shall be submitted by each
		company in writing to the Department. The Department may require, by written
		notification, such modifications of the company's procedures as it considers
		reasonably necessary to carry out the purposes of M.G.L. c. 164, § 124E
		and M.G.L. c. 165, § 1B and of
		220 CMR 25.00.
(2)
Third Party
		Notification
. If a customer 65 years of age or older so desires,
		the company shall provide to a third person designated by such customer
		notification of all past due bills [
see
220 CMR
		25.02(1)  ], notices of
		termination of service, and notices of right to a hearing at before the
		Department. In no event shall the third party so notified be liable for the
		account of the customer.
Each company shall devise procedures reasonably designed to
		  provide a voluntary system of third party notification for all customers 65
		  years of age or older. Such procedures shall be submitted by each company in
		  writing to the Department. The Department may require, by a written
		  notification, such modifications of a company's procedures as it considers
		  reasonably necessary to carry out the purposes of M.G.L. c. 164, § 124E
		  and M.G.L. c. 165, § 1B and of
		  220 CMR 25.00.
(3)
Termination
		Notice
. A company may terminate service to a household in which
		all residents are 65 years of age or older only after such company first
		secures the written approval of the Department. In addition to the application
		for such approval filed with the Department, the company shall concurrently
		give written notice to the Executive Office of Elder Affairs (or any agency
		designated by the Executive Office of Elder Affairs for such purposes), any
		third person to be notified pursuant to 220 CMR 25.05(2) and the residents of
		such household. Such written notice shall state that an application to
		terminate has been filed with the Department and shall set forth the rights of
		the residents of the affected household to a hearing before the Department
		pursuant to 220 CMR 25.05(4). Prior to approval by the Department of such
		application, no company may send notices threatening termination of service to
		any household which has notified the company that all residents of the
		household are 65 years of age or older.
The notices required by 220 CMR 25.05 shall contain language in
		  accordance with 220 CMR 25.05(5) and shall be in such form as shall be approved
		  by the Department prior to its use.
(4)
Investigation and
		Hearing.
The Department shall not approve an application for
		termination of service to a household in which all of the residents are 65
		years of age or older unless the following facts have been established in the
		course of an investigation:
(a) The residents
		of the household, the Executive Office of Elder Affairs (or any agency
		designated by the Executive Office of Elder Affairs for such purposes), and any
		third person designated pursuant to 220 CMR 25.05(2) have received proper
		notification of termination pursuant to
		220 CMR 25.00.
(b) The company has in good faith attempted
		to secure payment by reasonable means other than termination; and
(c) The company has not refused to accept any
		monthly installment payment agreement which is just and equitable.
The scope of the investigation need not be limited to the issue
		  cited above, but may include any matters relating to a billing dispute brought
		  to the Department's attention.
In appropriate cases, the Department may hold a hearing as part
		  of the investigation. However, such investigation need not include a hearing
		  unless requested by a resident or a third person designated pursuant to 220 CMR
		  25.05(2). If a hearing is held as part of the investigation, it shall be
		  conducted before a Department representative, but shall not be constructed to
		  be an "adjudicatory proceeding" as defined by M.G.L. c. 30A.
The Department shall notify the company, the residents and any
		  third person designated pursuant to 220 CMR 25.05(2), and the Executive Office
		  of Elder Affairs (or any agency designated by Executive Office of Elder Affairs
		  for such purposes) of the results of the investigation and of the right of the
		  company or residents to appeal the decision of the Department for an
		  adjudicatory proceeding as defined by M.G.L. c. 30A.
Within seven days of being so notified, the company, the
		  residents, or any third person designated pursuant to 220 CMR 25.05(2) may
		  request a hearing under M.G.L. c. 30A. If such a hearing is requested, no
		  termination of service may occur until the proceeding has been concluded and a
		  final order entered.