§ 56.403. Review from informal complaint decisions of the Bureau of Consumer Services.
(a) Assignment. Review of informal complaint decisions will be heard de novo by an administrative law judge or special agent.
(b) Filing and docketing. A complaint will be filed and docketed as a formal Commission complaint, under § § 1.31—1.38 (relating to documentary filings).
(c) Captions. The parties to a review will be stated in the caption as they stood upon the record of the informal complaint proceeding. If the party requesting review is a public utility, the phrase ‘‘Complaint Appellant’’ will be added after its name.
(d) Hearings. Hearings conducted by an administrative law judge or a special agent will be held within a reasonable period of time after the filing of the answer. The parties may incorporate portions of the conference report or informal complaint decision that they shall agree upon.
(e) Formal complaint decision. The administrative law judge or special agent assigned to the formal complaint will issue a decision with the Commission within a reasonable period of time after the receipt of the transcribed testimony. Included in the decision will be a description of the matter, findings of fact, conclusions of law and other discussion and opinion as is appropriate.
(f) Commission review. The Commission will review the decision of the assigned administrative law judge or special agent, commit it to advisory staff for further analysis, remand it to an administrative law judge or special agent for further development of the record or issue a final order. The burden of proof for the formal complaint remains with the party who filed the informal complaint. For legal or policy issues raised by the public utility, the burden of proof for the formal complaint will be with the public utility raising the legal or policy issue.
Authority The provisions of this § 56.403 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 1401—1419, 1501 and 1509.
Source The provisions of this § 56.403 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359063) to (359064).
Cross References This section cited in 52 Pa. Code § 56.340 (relating to winter termination procedures); and 52 Pa. Code § 56.392 (relating to Commission informal complaint procedure).
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