Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 22 - Resolution Disputes › Section 165:55-22-9 - Interim relief

Current through Vol. 41, No. 20, July 1, 2024
(a)
Need for interim relief.
This Section establishes procedures
				whereby a party who requests dispute resolution pursuant to OAC
				165:55-22-5
				or OAC
				165:55-22-7
				may also request an interim ruling on whether the party is entitled to relief
				pending the resolution of the merits of the dispute. This relief is intended to
				provide an interim remedy when the dispute compromises the ability of a party
				to provide uninterrupted service or precludes the provisioning of scheduled
				service or as a means to guarantee that funds are available in a billing
				dispute.
(b)
Filing a
				request.
Any request for an interim ruling shall be filed at the same
				time and in the same cause as the complaint filed pursuant to OAC
				165:55-22-5
				or OAC
				165:55-22-7.
				The heading of the complaint shall include the phrase "Request for Interim
				Ruling." The complaint shall set forth the specific grounds supporting the
				request for interim relief pending the resolution of the dispute, as well as a
				statement of the potential harm that may result if interim relief is not
				provided. A complaint that includes a request for interim ruling shall be
				verified by affidavit. Such complaint must list the contact person, address,
				telephone number, and facsimile number for both the complainant and
				respondent.
(c)
Service.
The complainant shall serve a copy of the complaint and
				request for an interim ruling on the respondent, the Office of the Attorney
				General, the Office of General Counsel, and to the Director of the Public
				Utility Division by hand-delivery or facsimile on the same day as the pleading
				is filed with the Commission.
(d)
Hearing.
Within three (3) business days, if feasible, of the
				filing of a complaint and request for interim ruling, the arbitrator selected
				under this Subchapter shall conduct a hearing to determine whether interim
				relief should be granted during the pendency of the dispute resolution process.
				The arbitrator will notify the parties of the date and time of the hearing by
				facsimile within one (1) business day of the filing of a complaint and request
				for interim ruling. The parties should be prepared to present their positions
				and evidence on factors including but not limited to: the type of service
				requested; the economic and technical feasibility of providing that service;
				and the potential harm in providing or not providing the service.
(e)
Ruling.
Based upon the
				evidence provided at the hearing, the arbitrator shall issue a written ruling
				on the request within twenty-four (24) hours of the close of the hearing and
				will notify the parties by facsimile of the ruling. The interim ruling will be
				effective throughout the dispute resolution proceeding until a final order is
				issued by the Commission pursuant to this Subchapter. The interim ruling shall
				have no precedential impact.
Added at 16 Ok Reg 2832,
				  eff 7-15-99; Amended at 29 Ok Reg 1549, eff
				  7-12-12