SECTION 165:35-21-20. Notice of disconnection of service

(a)   Twenty-four hour notice. Except as provided in subsections (b), (c) and (f) of this Section and OAC 165:35-21-30, service shall be disconnected only after at least twenty-four (24) hours written notice has been given to the consumer by leaving a copy of such notice with the consumer or by leaving a copy of such notice in a conspicuous place at the premises where service is provided. This notice shall be in writing, in bolded lettering, and state the reason for the disconnection, the amount due, if applicable, and the utility company's name, telephone number, and contact information. After the utility company's contact information, the notice shall include the telephone number of CSD in a printed size smaller than the print size used for the utility company's contact information, not bolded, and shall include the following statement: "For clarification of statutes and rules governing services, or escalations of disputes, you may contact the Oklahoma Corporation Commission's Consumer Services Division." The utility shall submit a copy of the notice to PUD for approval prior to usage.

(b)   First residential notice. When service to a residential consumer is to be disconnected for nonpayment of a bill for utility service or failure to make a required security deposit, the utility shall give at least ten (10) days written notice from the date of mailing to the consumer (when the deposit is required as a condition of service, the ten (10) day notice is not required. Refer to OAC 165:35-21-30(4) Disconnection of service without notice). Said written notice shall be sent by first-class mail, address correction requested, by the utility to the consumer's billing address, unless the mail is returned from that address as undeliverable, in which case the notice shall be delivered to the premises at which the service was rendered.

(1)   Notice will be deemed delivered to the consumer three (3) business days after mailing by the utility, which shall not extend the ten (10) days written notice from the date of mailing to the consumer requirement above.

(2)   A notice of disconnection shall contain the following information:

(A)   The words "DISCONNECTION NOTICE" or "CUT OFF NOTICE" in bold print no smaller than one-half inch (1/2") tall.

(B)   The name and address of the consumer.

(C)   A statement of the reason for the proposed disconnection of service.

(D)   The date on or after which service will be disconnected unless appropriate action is taken.

(E)   The telephone number in bold print of the utility where the consumer may make an inquiry.

(F)   The approved charges for reconnection.

(G)   A statement that the consumer must contact the utility regarding the disconnection, prior to contacting CSD, and should contact CSD if they cannot reach a resolution with the utility.

(H)   The address and telephone number of CSD, in print size which is smaller than the print size used for the utility's telephone number.

(I)   A statement that advises the consumer of the availability of a deferred payment agreement.

(J)   A statement that advises the consumer of the elderly/consumer with disabilities notification.

(K)   A statement that advises the consumer of the life-threatening certificate.

(L)   A statement that advises the consumer of the availability of the twenty (20) day financial aid assistance delay.

(M)   A statement that advises the consumer of the availability of a list of agencies providing assistance to consumers for their utility bills as outlined by OAC 165:35-21-3.

(3)   The utility shall provide to consumers, upon request, the name and address of the authorized payment agencies, other than the utility's offices, where consumers may make payments.

(c)   Second residential notice. During the time period of November 15 through April 15, the utility shall give a minimum of forty-eight (48) hours notice (at least two (2) business days) prior to disconnection of residential service that service will be disconnected unless the consumer enters into a deferred payment agreement as prescribed in OAC 165:35-21-10(e) or unless disconnection of service would create a life-threatening situation for the consumer or other permanent resident of the premises where the utility service is rendered. If the utility elects to give oral notice, it shall only be after it has complied with (b) of this Section. The second notice may be in writing, in person or by telephone.

(1)   If the second residential notice is in writing, it shall be entitled "CUT OFF NOTICE" in bold letters of not less than one-half inch (1/2") in height and shall contain, in nontechnical language, the following information:

(A)   The reason for service disconnection and the amount of the unpaid bills, if any.

(B)   The date on or after which service will be disconnected unless the consumer takes appropriate action.

(C)   The telephone number of the utility office, in bold print, where a consumer may call for assistance, make inquiries, enter into a deferred payment agreement, obtain information on utility assistance programs, pay the bill or notify the utility of a life-threatening situation.

(D)   The telephone number of CSD in print size which is smaller than the print size used for the utility's telephone number.

(2)   The utility shall keep a written log of all oral communication with at least the following information when contact has been made:

(A)   The date and time of call or personal visit and identity of utility representative.

(B)   The name of the individual and relationship to the account. If the contact is with a designated representative for the consumer, a statement of authority to represent the account should be included.

(C)   The nature of the call and telephone number called.

(D)   A narrative of the communication between the utility and the consumer.

(E)   A statement that the consumer must notify the utility on the day of payment, as to the place and method of such payment, when the bill is paid at a place other than the office of the utility.

(F)   A statement that the consumer was advised of the telephone number of CSD.

(3)   The oral communications log shall be maintained and retained in accordance with the record keeping requirements contained in this Chapter.

(4)   A copy of the oral communications log shall be provided to CSD or to the consumer and/or their designated representative upon oral or written request.

(5)   Oral communications with the consumer shall not begin before 8:00 a.m. or continue beyond 9:00 p.m. during normal business days.

(6)   Oral communications shall be deemed as not to have occurred, including but not limited to the following circumstances:

(A)   When there is no answer, the telephone line is busy or no one is home.

(B)   When a message is left on an answering device or made on a recording device.

(C)   When the message or attempted message is left with an individual having a physical and/or mental impairment that impedes communication or mutual understanding.

(D)   When the communication is with a minor under the age of eighteen (18), unless the minor is the consumer or the spouse of the consumer.

(E)   When the communication is with an individual who is not either the consumer or the designated representative of the consumer.

(F)   When the communication is with a consumer or consumer's designated representative whose primary language is other than English and the consumer or consumer's designated representative has a language barrier, unless the communication is made in the primary language of the consumer or the consumer's designated representative.

(7)   Unless otherwise directed by CSD, the utility company shall not contact the consumer regarding the consumer's account after CSD has notified the utility company of a complaint or inquiry from the consumer. CSD shall be the intermediary between the utility and the consumer until the resolution of the problem has been completed.

(8)   Notice will be deemed delivered to the consumer three (3) business days after mailing by the utility company, which shall not extend the two (2) days written notice from the date of mailing to the consumer requirement above.

(d)   Third party notice. A utility shall permit residential consumers to designate a consenting individual or agency to receive the applicable notice of disconnection.

(e)   Tenant notice. Where a master metered apartment complex, building, or trailer court is subject to disconnection, the written notice to the consumer shall also be posted in a common area of the premises at least ten (10) days prior to disconnection of service. The utility may contract with tenants for residential service.

(f)   Commercial or business notice. Nonresidential service shall be disconnected for nonpayment of all or any portion of an undisputed utility bill only after at least five (5) business days written notice has been mailed to the consumer by the utility or after the notice is left in a conspicuous place at the premises where service is provided.

[Source: Amended at 10 Ok Reg 2633, eff 6-25-93; Amended at 12 Ok Reg 2115, eff 7-1-95; Amended at 16 Ok Reg 2237, eff 7-1-99; Amended at 19 Ok Reg 1968, eff 7-1-02; Amended at 31 Ok Reg 1030, eff 9-12-14; Amended at 36 Ok Reg 620, eff 7-25-19]