Simplified Procedure for Complaints Involving Small Controversies
The simplified procedure for complaints involving small controversies is available
to complainants if the amount in controversy is less than $100,000 and the impact
on other entities is de minimis.
A complaint filed under this simplified procedure must contain:
- The name of the complainant;
- The name of the respondent;
- A description of the relationship to the respondent;
- The amount in controversy;
- A statement why the complaint will have a de minimis impact on other
entities;
- The facts and circumstances surrounding the complaint, including the legal
or regulatory obligation breached by the respondent; and
- The requested relief.
A complainant filing under this simplified procedure is required to simultaneously
serve the complaint on the respondent and any other entity referenced in the
complaint.
The Commission will issue a public notice of the complaint promptly, usually
within two days.
An answer to a complaint filed under the simplified procedure must contain a
clear and concise statement of any disputed factual allegations and any law upon
which the answer relies. The answerer must, to the extent practicable, admit
or deny, specifically and in detail, each material allegation of the complaint
and set forth every defense relied on.
Answers, interventions, and comments must be filed within 10 days after the complaint
is filed. In cases where the complainant requests privileged treatment for information
in its complaint, answers, interventions, and comments must be filed within 20
days after the complaint is filed. In the event there is an objection to the
protective agreement, the Commission will establish when answers, interventions,
and comments are due.
If a complainant or a respondent seeks privileged treatment for any documents
submitted with the complaint or the answer, they must use the procedures for
seeking privileged treatment of documents described above.
Because of the less complex nature of complaints filed under the simplified procedure
it is likely that the Commission could issue an order more expeditiously than
in other types of complaint cases, perhaps within as little as 30 days after
an answer is filed.
|
|
|