Texas Administrative Code

Texas Administrative Code

TITLE 16	ECONOMIC REGULATION
PART 2	PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 26	SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
SUBCHAPTER J	COSTS, RATES AND TARIFFS
RULE §26.228	Requirements Applicable to Chapter 52 Companies

(H) A complaint filed pursuant to this section shall be considered to be an exception to the informal resolution requirements of procedural rule §22.242(c) of this title (relating to Complaints).

(5) Interim relief. All tariffs introduced by informational notice filings will remain in effect during the pendency of any complaint unless interim relief suspending the tariff is granted pursuant to this subsection.

(A) Any request that a tariff be suspended during the pendency of a complaint must meet the following requirements:

(i) the pleading must state an appropriate and bona fide cause of action;

(ii) the pleading must be verified or supported with affidavits based on personal knowledge; and

(iii) the pleading must set forth the following elements: probable right of recovery, probable and irreparable injury in the interim, and no adequate alternative remedy.

(B) The presiding officer shall schedule a hearing on interim relief in the form of suspension of a tariff on an expedited basis.

(C) The burden of proof shall be upon the complainant with respect to each element of proof necessary to obtain any interim relief requested by the complainant.

Source Note: The provisions of this §26.228 adopted to be effective October 23, 2000, 25 TexReg 10551; amended to be effective April 7, 2014, 39 TexReg 2499