PUBLIC UTILITIES (COMPLIANTS PROCEDURE)

REGULATIONS.1999
In any exercise of the powers conferred on the public Utilities Regulatory Commission under sections 30 and 48 of public utilities Regulatory Commission Act, 1997 (Act 538) these regulation are made this 24th day of December, 1999.

Form of compliant

1.(1) Any person may file a complaint concerned with a service provided by a public utility to the public utility Regulatory Commission referred to in these Regulatory as the "Commission".

(2) A complaint to the Commission may be in writing or given orally.

(3) A written complaint shall be addressed to the commission.

(4) Where an oral complaint is made or where the complaint cannot read or write, the complaint shall be reduced into writing by an officer of the commission designated to receive the complaint or by any person selected by the complaint.

(5) A person who write an oral complaint of any person shall

(a) read over and explain the contents of the written complaint to the complainant;

(b) make a declaration on the document that the complainant has fully understood or appears to understand the contents of th complaint; and

(c) make the complaint append his signature or thumb print on the written complaint.

Content of complaint.

2. (1) A complaint lodged with the Commission shall contain

(a) the full name and contact address of the complaint;

(b) the person against who the complaint is made;

(c) particulars of the nature of the complaint together with copies of any document in support of the complainanat;

(d) the nature of the injustice or harm that the complaint has suffered as a result of the action, inaction or omission of the person against whom the complaint is made;

(e) the relief sought by the complainant; and

(f) any other matter relevant to the complaint.

(2) A person who lodges a complaint on behalf of another person shall state in writing the capacity in which he does so and the reason for so doing.

3. (1) The Commission may use the services of any expert to assist it in the resolution of a complaint.

(2) where a complaint is made against a person, the Commission shall cause a copy of th complaint to be sent to the person against whom th complaint is made within seven days from the date of receipt of the complaint.

(3) the person against whom a complaint is made shall within five days from the date of receipt of the complaint or such further period as the Commission may specify submit his response to the Commission.

Initial settlement of complaint

4. (1) the Commission shall make a preliminary enquiry into th complaint.

(2) If the Commission considers that the complaint may be mediated upon and settled, it shall invite the parties concerned and initiate a settlement of the complaint.

(3) If the complaint connot be settld, the commission shall follow the procedure for a formal hearing of the complaint as provided in these regulations.

Formal hearinf of complaint

5. (1) For the purpose of making a full enquiry by formal hearing into a complaint, the Commission shall in writing invite

(a) the complaint

(b) the person against whom th complaint is made; and

(c) any other person considered relevant to the complaint by the commission

to appear before it at a date, time and place specified in the notice.

(2) The date for attendance at the formal hearing shall be not less than seven days from the date of notice.

(3) The person appearing before the Commission to answer a omplaint shall

(a) take an oath

(b) be informed again of the particulars of the complaint and the relief sought: and

(c) be afforded full opportunity to answer the complaint

4. Persons appearing before the Commission shall appear themselves or may be represented by counsel or another expert.

5. The Commission shall take a decision on the complaint and a record of th proceedings shall be kept by the Commission.

conduct of formal hearing

6.(1) The Commission may on the recommmendation of the Chairman or any other member of the Commission constitute a panel to conduct a formal hearing of the a complaint.

(2) The panel shall comprise at least three and not more than five persons who shall be employed by the Commission but any person selected by the Commission may be co-opted to serve on the panel.

(3) The chairman of the panel shall be a member of th Commission or any legal officer of th Commission.

(4) A person appearing before a panel may raise an objection to the membership of the panel to the chairman who shall refer the objection to the Commission for determination.

(5) Any question before a panel shall be determined by a majority of the members present and voting.

powers of the Commission at a formal hearing

7.(1) Subject to regulation 5, the formal hearinf shall be conducted with fairness and impartiality and may

(a) order public utilities to provide copies of information in their possession and state the form in which the information is to be provided;

(b) request a consumer to provide information in his possession which may b relevant to prove facts the subject of the complaint; and

(c) order the public utility to conduct such tests and inspection as may be necessary to resolve the complaint.

(2) The commission or panel shall regulate the course of proceedings an conduct ofthe parties and their representatives and may question any person or enquire into any matter related to the complaint.

(3) A panel shall make a full report and may accept or reject the recommendations.

(4) The commission may on application by any of the parties review its previous decision.

Withdrawel of complaint

8. (1) A complaint may withdraw a complaint after it has been submitted to the Commission.

(2) Withdrawel of a complaint shall not limit the right of a complaint to file th complaint subsequently

Enforcement of decision

9. In furtherance of setion 32 of th Public utilities Regulatory commission Act, 1997 (Act 538) the Commission may apply sto the high court for the enforcement of the decision or direction of the Commission.

Offences

10.(1) No person or public utility shall obstruct or refuse t oco-operate with the Commission or a panel in the performance of its functions under these Regulations.

(2) Any person who contravenes sub-regulation (1) of this relaation commits an offence and is liable on summary conviction to a fine not exceeding ¢5 million or imprisonment for a term not xceeding on year or both.

(3) In the case of a continuing offence is committed by a public utility which is a body corporate or by a partnership or other firm, every director or officer or the body corporate or any member of the partnership or rirm or other person concerned with the management of the public utility shall also be quilty of an offence and shall on convicton be liable to a fine not exceeding ¢10 million for the offence and shall in addition be liable to the payment of compensation for any damage resulting from the breach unless he proves to the satisfaction of the court that

(a) he exercised due diligence to secure compliance with the provision of this Act; and

(b) the offence was committed without his knowledge, consent or connivance.

interpretation

11. In these Regulations unless the context otherwise requires"Act"means the Public Utilities Regulatory Commission, Act, 1997 (Act 538)

"Commission" means th Public Utilities Regulatory Commission.

"public utility" has the same meaning as un Act.

NANA(DR) S.K.B. ASANTE

Chairman, Public Utilities Regulatory Commission

Date of Gazette notification: 30th December,1999