Section 602.10  Applicability

This Part applies to any public utility, as defined in Section 3-105 of the Public Utilities Act [220 ILCS 5/3-105], that provides water service or disposal of sewage.

Section 602.20  Definitions

"Act" means the Public Utilities Act [220 ILCS 5].

"Office of the public utility" means and includes only those offices maintained by the public utility for the purpose of the public transacting business with the public utility.  It does not mean or include places of business maintained primarily for another purpose, such as stores, banks, offices or organizations other than the public utility, where arrangements may have been made for the receipt of payments of bills due to the public utility or for the receipt of requests for service or for the transaction of other incidental business relating to the public utility, and it does not include a public utility office maintained primarily for operation purposes or rendering utility services to the public.

"Subcontractor" means any contractor, subcontractor, agent, individual or other entity that provide a services under contract or other payment arrangement to a public utility for the performance of services related to the physical infrastructure of the public water or sewer utility.  Employees of the public utility are not subcontractors.  For purposes of this Part, "subcontractor" excludes any contractor, subcontractor, agent, individual or other entity that makes contact with the customer by telephone, in writing, or through any means other than by personal contact.

Section 602.30  Notice to Customers

Notice to customers of the obligations of subcontractors for presenting proper identification when contacting customers.

a)         Notice to the public.  The public utility shall post in two public and conspicuous places in each office of the public utility a notice not less than seven by ten inches in size printed in black on a white background, reading substantially as follows:

PUBLIC NOTICE

No subcontractor of this public utility is authorized to contact any customer for the purpose of soliciting or receiving payment of any kind for any service provided by this utility.  Employees of this utility shall carry proper identification and unilaterally present such identification to each customer when initiating contact with that customer.  While subcontractors are not authorized to contact customers to solicit payment for services, whenever a subcontractor contacts a customer for any other purpose, the subcontractor is required to carry proper identification and unilaterally to present that identification to customers.

An employee of this public utility will assist any person that has questions about this notice.

b)         Written notice

1)         By March 1 of each year, each water or sewer public utility shall provide written notice of required identification of subcontractors and utility employees to each of its customers.  This written notice may be included with the customer's billing for utility services.  The written notice shall detail the information to be contained in the identification of each employee of the water or sewer public utility that is authorized to contact customers for the purpose of soliciting or accepting payment for services provided.  The written notice shall detail the information to be contained in the identification of subcontractors and further notify customers that subcontractors are not authorized to contact customers for the purpose of soliciting or accepting payment for services that are provided by the utility.  The written notice shall also inform the customers that notice is posted in the utility's office and that an employee of the public utility is available for assisting customers in understanding the contents of the notice.

2)         At the time each new customer is accepted for service, the utility shall provide the customer written notice of required identification of employees of the public utility and subcontractors.  This written notice shall contain the information that is required by subsection (b)(1).

Section 602.40  Identification Requirements

Each public utility shall include in any contract or agreement with any subcontractor the requirement that any individual working on behalf of that subcontractor shall present picture identification when visiting a customer's home or place of business.  Upon arrival at a customer's home or place of business, any subcontractor performing work shall immediately show to the customer, if the customer is on the premises, identification that states the name of the individual performing the work and that contains the individual's picture.

Section 602.50  Notice of Work Authorization Requirements

Upon arrival at a customer's home or place of business, any subcontractor performing work shall immediately show to the customer a Notice of Work Authorization containing the following information:

a)         The Notice of Work Authorization shall contain in 12-point boldface type on the face of the document a statement that the contracting utility has authorized the subcontractor to perform work on the utility's behalf.

b)         The Notice of Work Authorization shall be printed in 12-point black type and shall contain language that identifies:

1)         The customer's billing name and address;

2)         The name of the contracting utility, including the utility's customer service contact information;

3)         The name of the subcontracting company that is authorized to perform the work;

4)         The description of the service to be provided to the customer, including the purpose of the subcontractor's visit; e.g., inspection, repair, test;

5)         The Illinois Commerce Commission's Consumer Services Division contact information, including telephone number and web address, business location and hours of operation;

6)         A statement in 12-point boldface type that no payment is to be given to the subcontractor.  If any portion of the charge for the service provided by the subcontractor will ultimately be billed to the customer, the Notice of Work Authorization shall inform the customer that he/she will receive a separate bill from the utility; and

7)         The statutory citation and text of the law prohibiting payment to the subcontractor providing the service on behalf of the customer's utility.

c)         If any portion of the Notice of Work Authorization is written in a language other than English, then all portions of the Notice of Work Authorization shall be written in that language.

d)         The Notice of Work Authorization shall not be combined with inducements or promotional material of any kind.

e)         A copy of the Notice of Work Authorization shall be left with the customer.

f)         The Notice of Work Authorization shall take substantially the form found in Exhibit A of this Part.

Section 602.60  Records

a)         Each public utility shall retain a paper or electronic record of the written notice that is to be provided by March 1 of each year and the date on which the written notice was made.

b)         Each public utility shall retain a paper or electronic record that identifies each new customer and the date on which each new customer was notified in writing of his or her right to see proper identification.

c)         Each public utility shall retain a paper or electronic record of each contract or other agreement with each subcontractor that provides for the requirement that any individual working on behalf of that subcontractor shall present picture identification when visiting a customer's home or place of business.

Section 602.70  Sanctions

Upon complaint or upon its own motion the Commission may find that a public utility has not met the requirements or standards established in this Part.  Upon such a finding, the Commission may pursue any penalties, including, but not limited to, injunctive relief, that are within the authority granted to it under the Act.

Section 602.EXHIBIT A   Notice of Work Authorization

This notice is provided in compliance with rules established by the Illinois Commerce Commission in 83 Ill. Adm. Code 602.  For additional information about Commission rules, you may contact Commission Staff at:

Illinois Commerce Commission

Consumer Services Division

527 East Capitol,

Springfield, Illinois  62701

www.icc.illinois.gov/consumer

1-800-524-0795 (Monday through Friday, 8:30 a.m. to 5:00 p.m.)

220 ILCS 5/8-306(l)                                                                                      83 Ill. Adm. Code 602.