The Cooperative must receive a reasonable portion of the overdue bill as a down payment by the close of business on the 3rd business day after arranging an agreement. The Cooperative may not require more than 1/4 of the overdue bill as the down payment in order to enter into a delayed payment agreement.
The Cooperative shall allow the member to make equal instalment payments for at least 3 months from the date of the down payment. The down payment shall not be considered an instalment payment.
In arranging the delayed payment agreement, the Cooperative will consider the member's ability to pay, the size of the unpaid account, the member's payment history with the Cooperative, and the reason the payment is late.
If a member can substantiate a change in ability to pay resulting from a serious medical condition or the loss of a major source of income, the Cooperative must document its good faith effort to renegotiate a delayed payment agreement 1 time during the period of the agreement. The member loses this right if any term of the delayed payment agreement is not kept. A renegotiated agreement is not a new, delayed payment agreement.
The Cooperative may suspend service without prior written notice, subject to Commission rules, if a member does not keep the terms of a delayed payment agreement or extension agreement.
A member does not give up the right to complain to the Commission by signing a delayed payment agreement or entering an extension agreement.
If the Cooperative bills a member for an amount to correct a previous under-billing, the member is permitted to pay that amount under a delayed payment agreement that provides for repayment over a period equal to the period during which the under-billing occurred. If the under-billing is the fault of the Cooperative, or it is impossible to determine whether the previous under-billing is the fault of the Cooperative or the member, the Cooperative will not impose a finance charge on the delayed payment.