TUC.2.3.010 Complaints

(a) An action to enforce the provisions of this Code may be initiated by the Commission sua sponte or by any Person with a concrete and immediate interest that will be adversely impacted by an alleged violation of this Code. A Utility shall not have standing to initiate an action for declaratory judgment or other forms of relief arising from or in relation to this Code.

(b) An action under this Section shall be initiated by the filing of a Complaint in a form prescribed by the Commission. The Complaint shall name the defendant, cite the alleged violation of this Code, all pertinent facts supporting the allegation(s), and the nature of the relief requested, and sufficient facts showing the Commission has jurisdiction over the matter in dispute.

(c) Within ten (10) business days after receipt of a Complaint, the Commission shall make a preliminary determination on whether it possesses jurisdiction to preside over the dispute in question pursuant to this Code. If the Commission determines that it does not possess jurisdiction over the dispute in question, the Commission shall issue a dismissal notice to the Complainant, in a form prescribed by the Commission, explaining the basis for this determination. The dismissal notice shall constitute a final Commission order that may be appealed to the Tribal Court as set forth in this Chapter. A Commission's preliminary determination that it possesses jurisdiction shall not preclude the defendant from challenging the jurisdiction of the Commission during the course of the proceedings against it.

(d) If the Commission determines that it possesses jurisdiction over the dispute in question, the Commission shall set a hearing date on the Complaint. The Commission shall serve upon all parties, by personal delivery or U.S. Mail at the last known address, the Complaint, a Notice of Hearing, and copies of any Commission rules or procedures applicable to the hearing.

(e) The Commission shall give the Utility and the Complainant at least fourteen (14) days' notice of time and place when and where the hearing will be held and such matters to be considered and determined. Both the Utility and complainant shall be entitled to be heard and to be represented by legal counsel.