AUTHORITY: Implementing and authorized by Section 13-713 of the Public Utilities Act [220 ILCS 5/13-713]

SOURCE: Adopted at 27 Ill. Reg. 151, effective January 1, 2003.

SUBPART A: GENERAL PROVISIONS

 

Section 734.10  Procedure Governed

 

This Part governs practice and procedure before the Illinois Commerce Commission (Commission) in the consumer mediation proceedings required by Section 13-713 of the Public Utilities Act [220 ILCS 5/13-713].

 

Section 734.20  Definitions

 

The following terms as used in this Part shall have the following meanings:

 

"Consumer" means the person who initiates a mediation procedure pursuant to Section 734.100.

 

"Mediation" means a process in which an impartial third party works with the disputing parties to facilitate and, if possible, to reach a mutually acceptable resolution of all of the issues in a dispute.

 

"Mediator" means an independent neutral third-party or trained member of Commission staff who acts in a non-judicial capacity to facilitate communication, promote understanding, focus the parties on their interests, and seek creative problem solving to enable the parties to reach their own resolution of the dispute.

 

"Party" means a person who initiates a mediation proceeding by filing a written request for mediation or a telecommunications carrier that responds to the request for mediation pursuant to Section 13-713 of the Public Utilities Act.

 

"Person" means any individual, partnership, corporation, or unincorporated association.

 

Section 734.30  Appointment of Mediator

 

The Executive Director of the Commission or his/her designee shall appoint a mediator who shall not have any financial or personal interest in the result of the mediation.

SUBPART B: REQUEST FOR MEDIATION

 

Section 734.100  Request for Mediation

 

A residential consumer or business consumer with fewer than 20 lines shall have the right to request mediation for resolution of a dispute with a telecommunications carrier upon completion of the Commission's informal complaint process (see 83 Ill. Adm. Code 735.200) and prior to the initiation of a formal complaint as described in Commission Rules of Practice (see 83 Ill. Adm. Code 200). [220 ILCS 13-713(c)]

 

Section 734.110  Submitting a Request for Mediation

 

a)         A request for mediation shall be in writing, shall be submitted to the Chief Clerk of the Commission and shall include the informal complaint number assigned by the Consumer Services Division.

 

b)         A request for mediation shall also include:

 

1)         A brief statement of the issues to be addressed in the mediation;

 

2)         The billing telephone number (the telephone number associated with the dispute), billing name (the person whose name appears on the bill), and account number (the account number associated with the dispute); and

 

3)         The specific relief requested.

 

c)         A request for mediation may include any additional documents that the consumer believes are pertinent to the case.

 

Section 734.120  Telecommunications Carrier Participation

 

A telecommunications carrier that is a respondent to a consumer's request for mediation shall participate in the mediation process. [220 ILCS 13-713(c)]

 

Section 734.130  Notice of Mediation

 

a)         Within seven calendar days after receipt of a consumer's request for mediation, the Chief Clerk of the Commission shall notify in writing the consumer and the respondent telecommunications carrier.

 

b)         The notice shall explain the mediation process and a copy of the request for mediation submitted to the Chief Clerk of the Commission pursuant to Section 734.110 shall be provided to the respondent telecommunications carrier.

 

Section 734.140  Scheduling of Mediation

 

The mediation shall be scheduled taking into consideration the availability of the parties.

SUBPART C: MEDIATION PROCEDURE

 

Section 734.200  Authority of the Telecommunications Carrier Representative

 

A person who has authority to mediate and bind the telecommunications carrier to any agreement that is reached in mediation shall represent the respondent telecommunications carrier.

 

Section 734.210  Supervision of Exchange of Information

 

The mediator shall supervise the exchange of information between the parties during the mediation.

 

Section 734.220  Confidentiality

 

a)         All oral communications or documents received by a mediator during the mediation process shall be confidential.

 

b)         All notes and writings pertaining to settlement discussions related to the mediation shall be exempt from discovery and shall be inadmissible in any agency or court proceeding. [220 ILCS 5/13-713(g)] Documents or information relevant to the dispute that are obtained by either party independent of the mediation process are not to be treated as confidential or exempt from discovery or inadmissible in any agency or court proceeding even if they are received by a mediator during the mediation process.

 

Section 734.230  Duration of Mediation

 

The mediation process shall be completed no later than 45 days after the consumer submits a written request for mediation. [220 ILCS 13-713(d)]

 

Section 734.240  Settlement Shall be Reduced to Writing

 

a)         If agreement is reached, the agreement shall be reduced to writing by the mediator at the conclusion of the mediation. [220 ILCS 5/13-713(e)]

 

b)         The writing shall contain mutual conditions, payment arrangements, or other terms that resolve the dispute in its entirety. [220 ILCS 5/13-713(e)]

SUBPART D: POST-MEDIATION PROCEDURE

 

Section 734.300  Failure to Agree

 

a)         If the parties are unable to reach agreement at the end of 45 days, the mediation is terminated.

 

b)        If the parties are unable to reach agreement or after 45 days, whichever occurs first, the consumer may file a formal complaint with the Commission as described in 83 Ill. Adm. Code 200. [220 ILCS 5/13-713(e)]

 

Section 734.310  Enforcement of Settlement Agreement  

 

If either the consumer or the carrier fails to abide by the terms of the settlement agreement, either party may exercise any rights it may have as specified in the terms of the agreement or as provided in 83 Ill. Adm. Code 200. [220 ILCS 5/13-713(f)]