§ 7-82-402 — Protest of rates - Adjustment of complaints - Consumer information records - Fire protection

(a) (1) (A) Within sixty (60) days of the fiscal year end, a customer of the district may file with the commissioners of the district a protest, giving reasons why, in the opinion of the customer, the utility's adopted rates are too high or too low. Within a period of fifteen (15) days after the end of this sixty-day period during which such protest may be filed, the commissioners shall notify each protestant of a hearing to be held by the commissioners on such protests as may have been filed within the sixty-day period. Upon the hearing date, which must be a date within a period of sixty (60) days after giving the notices to the protestants, the commissioners shall hear all protests during the same hearing. After hearing and examining statements, exhibits, and arguments of the protestants or their counsel, the commissioners shall make and spread upon the minutes of the commission their finding as to the reasonableness or unreasonableness of the published rates, and, at the same time, the commission may increase or decrease such rates upon a finding that they are too low or too high, as the case may be. (B) For the purposes of this part, "customer" means a person who receives a bill for water or sewer services and pays money for such services. (2) The commissioners shall not be required to receive, consider or act upon any protest filed at any time other than within the thirty-day period provided in this section. (3) Any protestant feeling aggrieved by the final action of the commissioners under this section may obtain a review of the commissioners' action by simple written request to the Tennessee board of utility regulation within thirty (30) days thereafter, with the right to judicial review as provided in § 7-82-702 . (b) It is the duty of the board of commissioners of each utility district to have and maintain a set of rules regarding the adjustment of all complaints that may be made to the district concerning the availability of utility services to persons in need of utility services, the quality of service performed, the adjustment of bills, and all other complaints of any nature, with provision as to the manner of resolution of individual complaints, provision as to the types of complaints that may be resolved by salaried employees of the district, and those that may be resolved only by the board of commissioners. The rules must be posted or otherwise available for convenient inspection by customers and members of the public in the offices of the district. The rules must provide for office employees or other employees of the district to schedule for consideration by the board of commissioners any complaint of such nature as may be decided by the board under its rules, and to schedule for consideration by the board of commissioners the review of any complaint that has not been settled to the satisfaction of the customer or citizen by a salaried employee to whom the settlement of such complaint is delegated. (c) Each utility district under this chapter shall: (1) Publish in local telephone directories the telephone number of the district and a telephone number in its service area to be used to report emergencies and for after hours, weekends, and holidays; (2) Print on its regular billing the address of the office of the district, office hours, if appropriate, the telephone number, and the time and place of the regular meeting of the board of commissioners; (3) Notify customers of any service interruption that will, or is likely to, last ten (10) hours or longer. Notification may be by public service broadcast over commercial radio stations in the area; (4) Maintain a log of service interruptions, service restorations, customer complaints and disposition of complaints; (5) When it is determined by the board to be financially feasible, facilities shall be furnished for fire protection under such arrangements as the district may decide and negotiate with other governmental or private agencies; and (6) Notify its customers at least once a year that decisions by a utility district board of commissioners on customer complaints may be reviewed by the Tennessee board of utility regulation in accordance with § 7-82-702(b) , and of the method used to fill vacancies on the utility district's board of commissioners. The utility district shall provide the notice described in this subdivision (c)(6) by publishing it on the utility's website, publishing it in a newspaper of general circulation in the county or counties in which the district is situated, or mailing it annually to the district's customers in a separate correspondence, an annual report, an annual newsletter, or other writing provided annually to the district's customers.

Legislative History

Amended by 2023 Tenn. Acts, ch. 463, s 21, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 463, s 20, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 463, s 19, eff. 7/1/2023. Amended by 2017 Tenn. Acts, ch. 129, s 5, eff. 4/17/2017. Amended by 2015 Tenn. Acts, ch. 140, Secs.s 3, s 6 eff. 4/17/2015. Amended by 2013 Tenn. Acts, ch. 141, s 12, eff. 4/12/2013. Acts 1949, ch. 256, § 1; C. Supp. 1950, § 3695.46 (Williams, § 3695.43a); Acts 1973, ch. 249, § 5; T.C.A. (orig. ed.), § 6-2618; Acts 1984, ch. 796, § 2; 1992, ch. 788, § 1; 2004, ch. 618, § 3.