§ 14-33-5-21.2 — Campgrounds; sewage service rate disputes; utility regulatory commission

Indiana § 14-33-5-21.2

• Jurisdiction: Indiana
• Art. 33: CONSERVANCY DISTRICTS
• Ch. 5: Board of Directors

Text

2. (a) As used in this section, "commission"
refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
(b) This section applies to an owner or operator of a campground
described in section 21.1(b) or 21.1(c) of this chapter who disputes:
(1) that the campground is being billed at rates charged to
residential customers for equivalent usage as required by section
21.1(b)(1) of this chapter;
(2) the number of resident equivalent units determined for the
campground under section 21.1(c) of this chapter; or
(3) that any additional charges imposed on the campground under
section 21.1(d) of this chapter are reasonable or
nondiscriminatory.
(c) If an owner or operator:
(1) makes a good faith attempt to resolve a disputed matter
described in subsection (b)(1) through (b)(3) through:
(A) any grievance or complaint procedure prescribed by the
board; or
(B) other negotiations with the board; and
(2) is dissatisfied with the board's proposed disposition of the
matter;
the owner or operator may file with the commission a written request
for review of the disputed matter and the board's proposed disposition
of the matter to be conducted by the commission's appeals division
established under IC 8-1-2-34.5(b). The owner or operator must file a
request under this section with the commission and the board not later
than seven (7) days after receiving notice of the board's proposed
disposition of the matter.
(d) The commission's appeals division shall provide an informal
review of the disputed matter. The review must include a prompt and
thorough investigation of the dispute. Upon request by either party, or
on the division's own motion, the division shall require the parties to
attend a conference on the matter at a date, time, and place determined
by the division.
(e) In any case in which the basic monthly charge for a
campground's sewage service is in dispute, the owner or operator shall
pay, on any disputed bill issued while a review under this section is
pending, the basic monthly charge billed during the year immediately
preceding the year in which the first disputed bill is issued. If the basic
monthly charge paid while the review is pending exceeds any monthly
charge determined by the commission in a decision issued under
subsection (f), the board shall refund or credit the excess amount paid
to the owner or operator. If the basic monthly charge paid while the
review is pending is less than any monthly charge determined by the
appeals division or commission in a decision issued under subsection
(f), the owner or operator shall pay the board the difference owed.
(f) After conducting the review required under subsection (d), the
appeals division shall issue a written decision resolving the disputed
matter. The division shall send a copy of the decision to:
(1) the owner or operator of the campground; and
(2) the board;
by United States mail. Not later than seven (7) days after receiving the
written decision of the appeals division, either party may make a
written request for the dispute to be formally docketed as a proceeding
before the commission. Subject to the right of either party to an appeal
under IC 8-1-3, the decision of the commission is final.
(g) The commission shall maintain a record of all requests for a
review made under this section. The record must include:
(1) a copy of the appeals division's and commission's decision
under subsection (f) for each dispute filed; and
(2) any other documents filed with the appeals division or
commission under this section.
The record must be made available for public inspection and copying
in the office of the commission during regular business hours under IC 5-14-3.
(h) The commission may adopt rules under IC 4-22-2 to implement
this section.

Legislative History

As added by P.L.168-2009, SEC.3.