Sec. 1. 35-A MRSA §1308-A is enacted to read:

§1308-A.__Power to order refunds of overcharges, actual damages

and other restitution

1.__Investigation of complaints.__This section applies to public utilities as defined in section 102, subsection 13.__The commission may investigate complaints from consumers alleging unresolved disputes concerning damages caused by a public utility.__Information in the investigative file is confidential unless an adjudicatory hearing is held.__The investigative documents may not be disclosed to any person other than the complainant, the public utility and the Public Advocate prior to any such hearing.__The commission shall notify the Public Advocate of the investigation and share investigative information with the Public Advocate when requested.__The Public Advocate, complainant and the public utility shall hold confidential any investigative information received from the commission prior to a hearing.

2.__Alternative dispute resolution.__A public utility shall work cooperatively with the commission, the Public Advocate, if the Public Advocate requests, and the complainant to informally resolve complaints prior to a hearing.

3.__Adjudicatory hearing.__The commission may hold an adjudicatory hearing in conformance with Title 5, chapter 375, subchapter IV if the commission determines after an investigation that any public utility or its representative may have caused monetary damages to one or more consumers.__The commission shall notify the public utility, the complainant and the Public Advocate of the results of the investigation.__If unable to resolve the complaint informally, the commission shall notify at the adjudicatory hearing the public utility, the consumer and the Public Advocate of the results of the investigation and the amount of the monetary damages, if any, to be awarded to the consumer.

4.__Order issued after hearing.__After an adjudicatory hearing held in conformance with Title 5, chapter 375, subchapter IV, the commission may issue an order awarding actual damages or other restitution to a consumer.__The commission's order is a final order in all respects and is effective when issued, unless the order specifies a later effective date or is stayed pursuant to Title 5, section 11004.

5.__Service of order by mail.__The commission shall serve the order with a notice of appeal rights on the public utility by regular mail.