|
IN exercise of the powers
conferred on the Public Utilities
Regulatory Commission under
sections 30 and 48 of Public
Utilities Regulatory Commission
Act, 1997 (Act 538) these
Regulations are made this 24th day
of December, 1999.
Regulation 1—Form of Complaint.
(1) Any person may file a
complaint concerned with a service
provided by a public utility to
the Public Utilities Regulatory
Commission referred to in these
Regulations as the "Commission".
(2) A complaint to the Commission
may be in writing or given orally.
(3) A written complaint shall be
addressed to the Commission.
(4) Where an oral complaint is
made or where the complainant
cannot read or write, the
complaint shall be reduced into
writing by an officer of the
Commission designated to receive
the complaint or by any person
selected by the complainant.
(5) A person who writes an oral
complaint of any person shall
(a) read over and explain the
contents of the written complaint
to the complainant;
(b) make a declaration on the
document that the complainant has
fully understood or appears to
understand the contents of the
complaint; and
(c) make the complainant append
his signature or thumb print the
written complaint.
Regulation 2—Contents of Complaint
(1) A complaint lodged with the
Commission shall contain
(a) the full name and contact
address of the complainant;
(b) the person against whom the
complaint is made;
(c) particulars of the nature of
the complaint together with copies
of any document in support of the
complaint;
(d) the nature of the injustice or
harm that the complainant has
suffered as a result of the
action, inaction or omission of
the person against whom the
complaint is made;
(e) the relief sought by the
complainant; and
(f) any other matter relevant to
the complaint.
(2) A person who lodges a
complaint on behalf of another
person shall state in writing the
capacity in which he does so and
the reason for so doing.
Regulation 3—Procedure for
Complaint
(1) The Commission may use the
services of any expert to assist
it in the resolution of a
complaint.
(2) Where a complaint is made
against a person, the Commission
shall cause a copy of the
complaint to be sent to the person
against whom the complaint is
made.
(3) The person against whom a
complaint is made shall within ten
days from the date of receipt of
the complaint or such further
period as the Commission may
specify, submit his response to
the Commission.
Regulation 4—Initial Settlement of
Complaint
(1) The Commission shall make a
preliminary enquiry into the
complaint.
(2) If the Commission considers
that the complaint may be mediated
upon and settled, it shall invite
the parties concerned and initiate
a settlement of the complaint.
(3) If the complaint cannot be
settled, the Commission shall
follow the procedure for a formal
hearing of the complaint as
provided in these Regulations.
Regulation 5—Formal Hearing of
Complaint
(1) For the purposes of making a
full enquiry by formal hearing
into a complaint, the Commission
shall in writing invite
(a) the complainant;
(b) the person against whom the
complaint is made; and
(c) any other person considered
relevant to the complaint by the
Commission to appear before it at
a date, time and place specified
in the notice.
(2) The date for attendance at the
formal hearing shall be not less
than seven days from the date of
notice.
(3) A person appearing before the
Commission to answer a complaint
shall
(a) take an oath;
(b) be informed again of the
particulars of the complaint and
the relief sought; and
(c) be afforded full opportunity
to answer the complaint.
(4) Persons appearing before the
Commission shall appear in person
or may be represented by counsel
or another expert.
(5) The Commission shall take a
decision on the complaint and a
record of the proceedings shall be
kept by the Commission.
(6) No person or public utility
shall fail to comply with a
decision of the Commission.
Regulation 6—Powers of the
Commission Formal Bearing
(1) The Commission may on the
recommendation of the Chairman or
any other member of the Commission
constitute a panel to conduct a
formal hearing of a complaint.
(2) The panel shall comprise at
least three and not more than five
persons who shall be employed by
the Commission but any person
selected by the Commission may be
co-opted to serve on the panel.
(3) The chairman of the panel
shall be a member of the
Commission or any legal officer of
the Commission.
(4) A person appearing before a
panel may raise an objection to
the membership of the panel to the
chairman who shall refer the
objection to the Commission for
determination.
(5) Any question before a panel
shall be determined by a majority
of the members present and voting
Regulation 7—Conduct of Formal
Hearing
(1) Subject to regulation 5, the
formal hearing shall be conducted
with fairness and impartiality and
may
(a) order public utilities to
provide copies of information in
their possession and state the
form in which the information is
to be provided;
(b) request a consumer to provide
information in his possession
which may be relevant to prove
facts the subject of the
complaint; and
(c) order the public utility to
conduct such tests and inspection
as may be necessary to resolve the
complaint.
(2) The Commission or panel shall
regulate the course of proceedings
and conduct of the parties and
their representatives and may
question any person or enquire
into any matter related to the
complaint.
(3) A panel shall make a full
report to the Commission of a
formal hearing and shall include
its recommendations for the
resolution of the complaint.
(4) The Commission shall consider
the report and may accept or
reject the recommendations.
(5) If the Commission rejects the
recommendations it may ask for
further enquiry or give directions
to the public utility or the
complainant.
(6) The Commission may review its
previous decision.
Regulation 8—Withdrawal of
Complaint
(1) A complainant may withdraw a
complaint after it has been
submitted to the Commission.
(2) Withdrawal of a compliant
shall not limit the right of a
complainant to file the complaint
subsequently.
Regulation 9—Enforcement of
Decision
In furtherance of section 32 of
the Public Utilities Regulatory
Commission Act, 1997 (Act 538),
the Chairman may authorise any
public officer to bring an action
in the High Court for the
enforcement of the decision or
direction of the Commission.
Regulation 10—Offences
(1) No person or public utility
shall obstruct or refuse to
co-operate with the Commission or
a panel in the performance of its
functions under these Regulations.
(2) Any person who contravenes
(a) sub-regulation (6) of
regulation 5; or
(b) sub-regulation (1) of this
regulation
commits an offence and is liable
on summary conviction to a fine
not exceeding ¢5 million or
imprisonment for a term not
exceeding one year or to both.
(3) In the case of a continuing
offence, an additional penalty not
exceeding ¢100,000 in respect of
each day on which the offence
continues after conviction may be
imposed on the person.
(4) Where the offence is committed
by a public utility which is a
body corporate or by a partnership
or other firm, every director or
officer of that body corporate or
any member of the partnership or
firm or other person concerned
with the management of the public
utility shall also be guilty of an
offence and shall on conviction be
liable to a fine not exceeding ¢10
million for the offence and shall
in addition be liable to the
payment of compensation for any
damage resulting from the breach
unless he proves to the
satisfaction of the court that—
(a) he exercised due diligence to
secure compliance with the
provisions of this Act; and
(b) the offence was committed
without his knowledge, consent or
connivance.
Regulation 11—Interpretation
In these Regulations unless the
context otherwise requires
"Act" means the Public Utilities
Regulatory Commission Act, 1997
(Act 538);
"Commission" means the Public
Utilities Regulatory Commission.
"public utility" has the same
meaning as under the Act.
NANA (DR) S. K. B. ASANTE
Chairman, Public Utilities
Regulatory Commission
Date of Gazette Notification: 30th
December, 1999. |
