38.5.2714 PROCEDURES TO REQUIRE RE-TARIFFING
(1) The commission retains the
right to retariff. A determination that a service should be retariffed is
dependent on the factors listed in 69-3-807(3) (a) -(e) , MCA.
(2) Any interested party may petition the
commission for a redetermination of whether an alternative to rate setting is
appropriate. The burden of proof is on the party attempting to establish that
the service should be retariffed. Such a request will be considered a complaint
subject to the requirements of ARM 38.2.2101 through 38.2.2107.
(3) If the commission intends to reconsider
whether alternatives to rate setting are appropriate, it shall notify the
telecommunication provider and all those on the telecommunications mailing
list. Any interested party may file written comments within 20 days of
notification that the commission intends to reconsider whether alternatives to
rate setting are appropriate. If there is no material factual question the
commission may make its determination without a hearing.
History: Sec. 69-3-822, MCA; IMP, Sec. 69-3-807, MCA; NEW, 1986 MAR p. 805, Eff. 5/16/86.