20 CSR 4240-2.070 - Complaints
(1) Any
person or public utility who feels aggrieved by an alleged violation of any
tariff, statute, rule, order, or decision within the commission's jurisdiction
may file a complaint. A complaint may also be filed by the commission on its
own motion, the commission staff through the staff counsel, or the Office of
the Public Counsel.
(2) A person
who feels aggrieved by an alleged violation of any tariff, statute, rule,
order, or decision within the commission's jurisdiction may file an informal
complaint with the commission's consumer services department or file either a
formal complaint or small formal complaint with the commission. Filing an
informal complaint is not a prerequisite to filing a formal or small formal
complaint; however, the presiding officer may direct that a pro
se complainant be required to go through the informal complaint
procedure before the formal complaint will be heard by the commission. If an
allegedly aggrieved person initially files an informal complaint and is not
satisfied with the outcome, such person may also file a formal or small formal
complaint.
(3) Informal Complaints.
The protections and processes of an informal complaint regarding service or
billing practices are set out in 4 CSR 240-13. To file an informal complaint,
the complainant shall state, either in writing, by telephone (consumer services
hotline 1800-392-4211 or Relay Missouri at 711), or in person at the
commission's offices-
(A) The name, street
address, and telephone number of each complainant and, if one (1) person
asserts authority to act on behalf of the others, the source of that
authority;
(B) The address where
the utility service was rendered;
(C) The name and address of the party against
whom the complaint is filed;
(D)
The nature of the complaint and the complainant's interest therein;
(E) The relief requested; and
(F) The measures taken by the complainant to
resolve the complaint.
(4) Formal Complaints. A formal complaint may
be made by petition or complaint in writing, setting forth any act or thing
done or omitted to be done by any person, corporation, or public utility,
including any rule or charge established or fixed by or for any person,
corporation, or public utility, in violation or claimed to be in violation of
any provision of law or of any rule or order or decision of the commission. The
formal complaint shall contain the following information:
(A) The name and street address of each
complainant and, if different, the address where the subject utility service
was rendered;
(B) The signature,
telephone number, facsimile number, and email address of each complainant or
their legal representative, where applicable;
(C) The name and address of the person,
corporation, or public utility against whom the complaint is being
filed;
(D) The nature of the
complaint and the complainant's interest in the complaint, in a clear and
concise manner;
(E) The relief
requested;
(F) A statement as to
whether the complainant has directly contacted the person, corporation, or
public utility about which complaint is being made;
(G) The jurisdiction of the commission over
the subject matter of the complaint; and
(H) If the complainant is an association,
other than an incorporated association or other entity created by statute, a
list of all its members.
(5) No complaint shall be entertained by the
commission, except upon its own motion, as to the reasonableness of any rates
or charges of any public utility unless the complaint is signed by the public
counsel, the mayor or the president or chairman of the board of aldermen or a
majority of the council or other legislative body of any town, village, county,
or other political subdivision, within which the alleged violation occurred, or
not fewer than twenty-five (25) consumers or purchasers or prospective
consumers or purchasers of public utility gas, electricity, water, sewer, or
telephone service as provided by law. Any public utility has the right to file
a formal complaint on any of the grounds upon which complaints are allowed to
be filed by other persons and the same procedure shall be followed as in other
cases.
(6) The commission shall not
be required to dismiss any complaint because of the absence of direct damage to
the complainant.
(7) The
commission, on its own motion or on the motion of a party, may after notice
dismiss a complaint for failure to state a claim on which relief may be granted
or failure to comply with any provision of these rules or an order of the
commission, or may strike irrelevant allegations.
(8) Upon the filing of a complaint in
compliance with these rules, the secretary of the commission shall serve by
certified mail, postage prepaid, a copy of the complaint upon the person,
corporation, or public utility against whom the complaint has been filed, which
shall be accompanied by a notice that the matter complained of be satisfied or
that the complaint be answered by the respondent, unless otherwise ordered,
within thirty (30) days of the date of the notice. Additionally, the
complainant may accomplish service of the complaint upon the respondent(s) by
any method authorized by Supreme Court Rule 54, having first obtained
authorization from the commission for use of a special process server. Any
person eligible to serve process under Supreme Court Rule 54 may be nominated
as a special process server. A return of service shall be promptly filed with
the commission as in the circuit courts of this state.
(9) The respondent shall file an answer to
the complaint within the time provided. All grounds of defense, both of law and
of fact, shall be raised in the answer. If the respondent has no information or
belief upon the subject sufficient to enable the respondent to answer an
allegation of the complaint, the respondent may so state in the answer and
assert a denial upon that ground.
(10) If the respondent in a complaint case
fails to file a timely answer, the complainant's averments may be deemed
admitted and an order granting default entered. The respondent has seven (7)
days from the issue date of the order granting default to file a motion to set
aside the order of default and extend the filing date of the answer. The
commission may grant the motion to set aside the order of default and grant the
respondent additional time to answer if it finds good cause.
(11) The commission may order, at any time
after the filing of a complaint, an investigation by its staff as to the cause
of the complaint. The staff shall file a report of its findings with the
commission and all parties to the complaint case. The investigative report
shall not be made public unless released in accordance with section
386.480,
392.210(2), or
393.140(3),
RSMo, or during the course of the hearing
involving the complaint.
(12) When
the commission determines that a hearing should be held, the commission shall
fix the time and place of the hearing. The commission shall serve notice upon
the affected person, corporation, or public utility not fewer than ten (10)
days before the time set for the hearing, unless the commission finds the
public necessity requires that the hearing be held at an earlier
date.
(13) All matters upon which a
complaint may be founded may be joined in one (1) hearing and no motion for
dismissal shall be entertained against a complainant for misjoinder of causes
of action or grievances or misjoinder or nonjoinder of parties.
(14) When an order is rendered disposing of a
case, the regulatory law judge shall cause the parties to be notified that the
order will be final unless an application for rehearing is filed within the
allotted number of days and provide information regarding the rehearing and
appeal process.
(15) Small Formal
Complaint Case. If a customer of a utility files a formal complaint regarding
any dispute involving less than three thousand dollars ($3,000), the process
set forth in this section shall be followed for such complaints. The provisions
of sections (1)-(14) of this rule shall also apply to small formal complaints.
(A) When a complaint is filed that qualifies
for handling as a small formal complaint, the assigned regulatory law judge
shall direct the secretary of the commission to serve, by certified mail,
postage prepaid, a copy of the complaint upon the person, corporation, or
public utility against whom the complaint has been filed. At the same time, the
regulatory law judge shall notify all parties that the complaint will proceed
under the small formal complaint process. The person, corporation, or public
utility against whom the complaint has been filed is allowed thirty (30) days
after the date of notice to satisfy the complaint or file an answer. If the
person, corporation, or public utility does not satisfy the complaint or file
an answer within thirty (30) days, the regulatory law judge may issue an order
granting default and deeming the allegations of the complaint to have been
admitted by the respondent. A party in default has seven (7) days from the
issue date of the order granting default to file a motion to set aside the
order of default. The regulatory law judge may grant the motion to set aside
the order of default and allow the respondent additional time to answer upon a
showing of good cause.
(B) If any
party believes that a complaint should or should not be handled as a small
formal complaint, that party may file a motion with the commission requesting
that the status of the complaint be changed. In response to such motion, or
acting on its own motion, the commission shall, at its discretion, decide how
the complaint shall be handled.
(C)
Upon the filing of a complaint that qualifies under this section, the chief
regulatory law judge shall assign the case to a regulatory law judge. To
process small complaint cases in the timeliest manner and in the most
convenient location for the customers, the commission hereby delegates the
commission's authority to hear the case, make rulings, and issue a recommended
report and order or other appropriate order disposing of the case to such
regulatory law judge.
(D) The
commission's staff shall, within forty-five (45) days after the complaint is
filed, investigate the complaint and file a report detailing staff's findings
and recommendations. The regulatory law judge may allow staff additional time
to complete its investigation for good cause shown. The member or members of
the commission's staff who investigate the complaint shall be available as a
witness at the hearing if the regulatory law judge or any party wishes to call
them to testify.
(E) Any hearing,
unless otherwise agreed to by the parties, shall be held in the county, or a
city not within a county, where the subject utility service was rendered or
within thirty (30) miles of where the service was rendered. The regulatory law
judge may allow any party, witness, or attorney to participate in the hearing
by telephone.
(F) Small formal
complaint case hearings shall be conducted in an informal summary manner
whenever possible, without affecting the rights of the parties-
1. The technical rules of evidence shall not
apply;
2. The regulatory law judge
shall have the authority to dispense with pre-filed written testimony;
and
3. The regulatory law judge
shall assume an affirmative duty to determine the merits of the claims and
defenses of the parties and may question parties and witnesses.
(G) The regulatory law judge,
after affording the parties reasonable opportunity for discovery and a fair
hearing, shall issue a recommended report and order within one hundred (100)
days following the filing of the complaint, unless the regulatory law judge
finds good cause to extend that time or the extension is otherwise agreed to by
the parties.
(H) Any party subject
to a recommended order disposing of the case or a recommended report and order
issued by a regulatory law judge under this section may file with the
commission, within ten (10) days of the issuance of the recommended order,
comments supporting or opposing the recommended order. Any comments opposing
the recommended order shall contain specific detailed grounds upon which it
claims the order is unlawful, unjust, or unreasonable. The commission may
approve or reject the recommended order based on the existing record without
further hearing. If the commission rejects the recommended order, the
commission shall issue its own order based on the evidence previously
submitted, or upon such additional evidence, as the commission shall choose to
receive.
Notes
AUTHORITY: section 386.410, RSMo 2016.* This rule originally filed as 4 CSR 240-2.070. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed Nov. 7, 1984, effective June 15, 1985. Amended: Filed June 9, 1987, effective Nov. 12, 1987. Rescinded and readopted: Filed March 10, 1995, effective Nov. 30, 1995. Rescinded and readopted: Filed Aug. 24, 1999, effective April 30, 2000. Amended: Filed March 24, 2010, effective Oct. 30, 2010. Amended: Filed March 2, 2011, effective Oct. 30, 2011 . Amended: Filed Nov. 7, 2018, effective July 30, 2019. Moved to 20 CSR 4240-2.070, effective Aug. 28, 2019.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.