40-243. Conduct of hearings and investigations;
representation by corporate officer or employee;
arbitration
A. All hearings and investigations before the commission or a commissioner shall be
governed by this article, and by rules of practice and procedure adopted by the
commission. Neither the commission nor a commissioner shall be bound by technical rules
of evidence, and no informality in any proceeding or in the manner of taking testimony
before the commission or a commissioner shall invalidate any order, decision, rule or
regulation made, approved or confirmed by the commission.
B. In a hearing or rehearing conducted pursuant to this article, a public service
corporation may be represented by a corporate officer or employee who is not a member of
the state bar if:
1. The corporation has specifically authorized the officer or employee to represent
it.
2. The representation is not the officer's or employee's primary duty for the
corporation but is secondary or incidental to such officer's or employee's duties
relating to the management or operation of the corporation.
C. The commission may adopt or administer arbitration procedures to resolve
complaints or disputes brought by a party against a telecommunications company, except
that the commission shall not subject a wireless provider to arbitration unless the
wireless provider and customer consent in writing. This section does not prohibit the
commission from arbitrating disputes or complaints against a wireline service provider,
involving telecommunications services contained in the bundle of services, to the extent
the commission has jurisdiction as authorized pursuant to this chapter.
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