SECTION 165:56-11-1.4. Procedures for resolution of unauthorized changes in preferred carrier

(a)   Notification of alleged unauthorized carrier change. Executing carriers who are informed of an unauthorized carrier change by an end-user must immediately notify both the authorized and allegedly unauthorized carrier of the incident. This notification must include the identity of both carriers.

(b)   Referral of complaint. Any carrier, executing, authorized, or allegedly unauthorized, that is informed by an end-user or an executing carrier of an unauthorized carrier change shall direct that end-user to the Commission for resolution of the complaint.

(c)   Notification of receipt of complaint. Upon receipt of an unauthorized carrier change complaint, the Commission will notify the allegedly unauthorized carrier of the complaint and order that the carrier remove all unpaid charges for the first 30 days after the slam from the end-user's bill pending a determination of whether an unauthorized change, as defined by 165:56-1-4, has occurred, if it has not already done so.

(d)   Proof of verification. Not more than 30 days after notification of the complaint, or such lesser time as is required by the Commission, the alleged unauthorized carrier shall provide to the Commission a copy of any valid proof of verification of the carrier change. This proof of verification must contain clear and convincing evidence of a valid authorized carrier change, as that term is defined in 165:56-11-1.4 and 165:56-11-1.5. The Commission will determine whether an unauthorized change, as defined by 165:56-1-4, has occurred using such proof and any evidence supplied by the end-user. Failure by the carrier to respond or provide proof of verification will be presumed to be clear and convincing evidence of a violation.

[Source: Added at 18 Ok Reg 2437, eff 7-1-01]