SECTION 165:65-11-13. Notice of disconnection of service

(a)   Twenty-four hour notice. Except as otherwise specifically provided for in this Subchapter (OAC 165:65-11-11), 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)   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 security deposit after a reasonable time, the utility company shall give at least ten (10) days written notice from the date of mailing to the consumer. Said written notice shall be mailed by the utility company to the consumer's billing address, unless the mail is returned from that address as undeliverable, in which case the notice may 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 company, which shall not extend the ten (10) days written notice from the date of mailing to the consumer written notice 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-fourth inch (1/4") 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 company where the consumer may make an inquiry.

(F)   The approved charges for reconnection.

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

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

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

(L)   A statement that advises the consumer there are agencies providing assistance to consumers for their utility bills as well as provide the location of pay agents upon the consumer's request.

(3)   The utility company shall notify the consumers in writing, at least annually, of the name and address of the authorized payment agencies, if other than the utility company's offices, where consumers may make payments.

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

(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. Service of nonresidential customers or other water systems shall be disconnected for nonpayment of all or any portion of an undisputed utility bill or failure to comply with the provisions of a deferred payment agreement 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: Added at 12 Ok Reg 2167, eff 7-1-95; Amended at 16 Ok Reg 2380, eff 7-1-99; Amended at 20 Ok Reg 2322, eff 7-15-03; Amended at 31 Ok Reg 1091, eff 9-12-14; Amended at 36 Ok Reg 718, eff 7-25-19]