Section 756.15  Dispute Procedures

a)         The system provider shall assign to one or more of its personnel the duty of hearing any dispute by a relay service user.  The personnel shall consider the user's allegations and shall explain the user's situation and system provider's assertions in connection therewith.  The personnel shall be authorized to act on behalf of the system provider in resolving the complaint and shall be available during all hours for this duty.

b)         The system provider shall direct its personnel engaged in personal contact with the user seeking dispute resolution under the provisions of this Part to inform the user of his/her right to have the problem considered and acted upon by supervisory personnel of the relay service where any dispute cannot be resolved.

c)         Should a user express nonacceptance of the decision of supervisory personnel, the supervisory personnel shall then inform the user of his/her right to have the problem reviewed by ITAC, and shall furnish the user with the telephone number and address of ITAC.

d)         The system provider shall maintain a log of consumer complaints and must retain the log until the next application for certification by the FCC is granted.  The log shall include, at a minimum, the date the complaint was filed, the nature of the complaint, the date of resolution, and an explanation of the resolution.

e)         In cases where the dispute is not resolved, ITAC shall direct its personnel to inform the user of his/her right to have the problem reviewed by the Commission and shall furnish the user with the telephone number and address of the Staff Liaison.  In addition, ITAC shall offer the assistance of the Advisory Council pursuant to Section 756.305(b).

f)         Billing disputes

1)         When a customer disputes a particular bill, the customer's telecommunications carrier shall not discontinue service for nonpayment so long as the customer:

A)        pays the undisputed portion of the bill;

B)        pays all future periodic bills by the due date; and

C)        enters into discussion with the customer's telecommunications carrier to settle the dispute.

2)         No late payment charge shall be charged on any disputed bill paid within 14 days of resolution of the dispute if the complaint was filed with the telecommunications carrier before the bill became past due.

g)         Disputes arising under this Part shall also be governed by 83 Ill. Adm. Code 735.200.

(Source:  Amended at 28 Ill. Reg. 6974, effective May 1, 2004)