20-14-101. COMPLAINTS.

1. On its own motion, or upon a complaint made against any utility, by the Tribe, by another utility, by the Commission, or by any 15 consumers of the particular utility, that any of the rates, tolls, tariffs, charges, or schedules or any joint rate or any regulation, measurement, practice, act or omission affecting or relating to the production, transmission, delivery or furnishing of any utility or any service and connection therewith is in any respect unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate or cannot be obtained, or that such utility is in violation of any of the requirements of this Title, the Commission shall proceed, with notice, to make such investigation as it may deem necessary. The Commission may dismiss any complaint without a hearing if in its opinion a hearing is not in the public interest.
2. The Commission shall, prior to any formal hearing, notify the utility complained of that a complaint has been made, and ten days after such notice has been given the Commission may proceed to set a time and place for a hearing and an investigation as provided in this Section.
3. The Commission shall give the utility and the complainant ten 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 counsel.
4. Notice shall also be given to the Council, any affected municipality within the boundaries of the Reservation, and to any other persons the Commission shall deem necessary. The notice under this section may be combined with the notice under Subsection (3) above, but if combined, the notice shall not be less than ten days.
5. Service of Notice. Service of notice of all hearings, investigations or proceedings pending before the Commission and of complaints, reports, orders and other documents shall be made personally or by mail as provided in this Title.
6. Separate Rate Hearings. The Commission may, in its discretion, when complaint is made of more than one rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at times it may prescribe.
7. Summary Investigations.
   1. Whenever the Commission has reason to believe that any rate or charge may be unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any utility should for any reason be made, it may on its own motion summarily investigate the same with or without notice.
   2. If, after making the summary investigation, the Commission becomes satisfied that sufficient grounds exist to warrant a formal hearing as to the matters investigated, it shall set a time and place for a hearing.
   3. Notice of the time and place for the hearing shall be made as provided under this Title.
8. Lawful Rates; Reasonable Services.
   1. Whenever, upon an investigation made under the provisions of this Title, the Commission shall find rates, tolls, charges, schedules or joint rates to be unjust, unreasonable, insufficient, preferential or unjustly discriminatory or otherwise unreasonable or unlawful, the Commission shall determine and by order fix reasonable rates, tolls, charges, schedules or joint rates to be imposed, observed and followed in the future in lieu of those found to be unreasonable or unlawful.
   2. Whenever the Commission shall find any regulations, measurements, practices, acts or service to be unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise unreasonable or unlawful, or shall find any service which can be reasonably demanded cannot be obtained, the Commission shall determine and by order fix reasonable measurements, regulations, acts, practices or service to be furnished, imposed, observed and followed in the future in lieu of those found to be unreasonable, inadequate or otherwise unlawful, and shall make any other order respecting measurements, regulations, acts, practices or services as shall be just and reasonable.
   3. A copy of any order issued pursuant to this Section shall be served upon the person against whom it runs or his attorney, and notice thereof shall be given to the other parties to the proceedings or their attorneys.