A proceeding before the Commission shall be governed by the regulations and practices of the Commission in conformity with this title. The Commission is not bound by the rules of evidence or procedure of any court. An official act of the Commission: is valid if it substantially complies with the requirements of this division; and may not be vitiated by any technical deficiency.

Any person may file a complaint with the Commission. The complaint shall be in writing and set forth circumstances that allege a violation of this division by a public service company. If a complaint filed under subsection (a) of this section states on its face a violation of this article or if the Commission determines that the complaint deserves an explanation, the Commission shall: serve a copy of the complaint on the public service company; and issue an order that requires the public service company to satisfy or answer the complaint in writing within a specified time. A person that is the subject of a complaint filed by any person or the Commission is entitled to a hearing in a contested case that results from the complaint. Subject to paragraph (2) of this subsection, the Commission must conduct an investigation of the matters in a complaint filed under this section if the complaint concerns the following: the quality or reliability of gas supply or electric power supply; or the price of gas or electricity. In order to be entitled to an investigation under paragraph (1) of this subsection, the complaint shall be signed by: the People’s Counsel; the chief executive or local legislative body of a municipal corporation or county in which a gas or electric company is authorized to operate; or not less than 100 customers of the gas company or electric company, with the names and addresses of the customers set out in the complaint. The Commission shall begin proceedings on its own motion against a person by filing a complaint. The complaint filed under paragraph (1) of this subsection for the first time in a proceeding shall be served on the person that is the subject of the complaint before any hearing on the matter. Unless a complaint is voluntarily satisfied, the Commission shall take final action on each complaint by issuing an order that: dismisses the complaint; directs full or partial satisfaction of the complaint; or directs any action that the Commission considers to be warranted.

The service of a document or notice relating to a proceeding before the Commission under this division shall be sufficient: if made personally through the sheriff’s office in the county in which service may be made or by an adult; or except as provided in subsections (b) and (c) of this section, if mailed by first–class mail, postage prepaid, to the last known address of the person to be served. Service of complaints and accompanying documents shall be sufficient if they are mailed by registered first–class mail, postage prepaid, to the last known address of the person to be served. Service of subpoenas shall be sufficient only if made personally through the sheriff’s office in the county in which service may be made or by an adult.

The Commission shall institute and conduct proceedings reasonably necessary and proper to the exercise of its powers or the performance of its duties. The Commission shall conduct its proceedings en banc or in panels of: at least three commissioners; or one public utility law judge and at least two commissioners. A quorum consists of a majority of the Commission or a majority of a panel. The Commission, a commissioner, or a public utility law judge may conduct hearings, examine witnesses, administer oaths, and perform any other acts necessary to the conduct of proceedings. The Executive Secretary of the Commission may administer oaths. Each record of a proceeding of the Commission is a public record. To the extent necessary to receive public comment for each application for a rate increase, the Commission shall hold a hearing at a convenient location and time during evening hours: in person in the service area affected; or virtually, with appropriate notice provided so that persons in the service area affected may participate in the hearing. The Commission may delegate to a commissioner or to a public utility law judge the authority to conduct a proceeding that is within the Commission’s jurisdiction. In a delegated proceeding, the commissioner or public utility law judge shall: conduct the hearing and any other proceeding that the commissioner or public utility law judge considers necessary; and file with the Commission, and simultaneously serve on all parties, a proposed order and findings of fact. The proposed order shall become final unless appealed as provided in § 3–113(d) of this subtitle. This subsection applies unless, after considering any staff recommendation as to the extent of staff participation, the Commission determines that the public interest would not be served by staff participation. In each matter before the Commission, the staff of the Commission shall: analyze the data submitted to the Commission; prepare a staff position based on that analysis; and make an evidentiary presentation setting forth the staff’s analysis of the issues and its recommendations. In making analyses and recommendations, the staff is: governed by the criteria in § 2–113 of this article; and a party and has the rights of a party to the proceeding, including the rights specified in § 3–107 of this subtitle. The staff shall present direct and redirect cases of its own, cross–examine, submit briefs, and engage in oral argument as the staff considers necessary to ensure that the Commission has a complete record on all relevant issues in a particular case.

The Commission shall give preferential consideration to the following in descending order: the hearing and decision of questions involving the rates of a public service company; requests by a public service company to discontinue or abandon service under any franchise, right, or permit after its expiration date; and any other questions pending before the Commission.

If a person timely files, the person may apply to intervene in a proceeding before the Commission. The Commission shall grant leave to intervene unless the Commission concludes that: the parties to the proceeding adequately represent the interest of the person seeking to intervene; or the issues that the person seeks to raise are irrelevant or immaterial. An intervenor has all the rights of a party to a proceeding. In a proceeding before the Commission, an individual who is an intervenor may represent himself or herself.

In addition to any other right a party in a proceeding before the Commission may be entitled to, the party may: summon witnesses, present evidence, and present argument; conduct cross-examination and submit rebuttal evidence; and take depositions in or outside of the State, subject to regulation by the Commission to prevent undue delay, and in accordance with the procedure provided by law or rule of court with respect to civil actions.

Unless notice is provided to each other party in a case before the Commission, a party or person acting on behalf of a party may not contact ex parte a commissioner or a public utility law judge regarding the merits of the case.

On the request of a party to a proceeding in which a hearing is required or held, the Commission shall issue subpoenas to compel the attendance and testimony of witnesses and the production of documents at a hearing or deposition to be taken by the party. On its own motion, the Commission may issue a subpoena to compel the attendance and testimony of witnesses and the production of documents at a hearing or deposition to be taken by the Commission. A subpoena shall be signed and issued by a commissioner or the Executive Secretary of the Commission. The Commission may exercise the full authority set forth in 42 U.S.C. § 16453(a) through (c) as if set forth in this article. Nothing in the grant of authority set forth in paragraph (1) of this subsection may be construed to preempt or limit any other authority of the Commission under this article. In addition to the authority granted to the Commission under federal law to enforce the provisions of 42 U.S.C. § 16453, the circuit courts of the State have jurisdiction to enforce compliance with this subsection.

A person shall: attend a proceeding before the Commission, if ordered by the Commission, a commissioner, or the Executive Secretary of the Commission; and give any relevant testimony or produce any relevant evidence, if ordered by the Commission, a commissioner, or an authorized hearing examiner. If a person refuses without valid cause to comply with an order issued under subsection (a) of this section, on affidavit that sets forth the violation to a court of general jurisdiction, the Commission or a commissioner may apply for an order to show cause why the person should not be held in contempt. An order issued under paragraph (1) of this subsection shall be returned to the court that issued the order, not less than 2 days and not more than 5 days after the date of issue. On the return of an order issued under this subsection, if the court determines that the person has violated subsection (a) of this section and persists in the violation, the court may hold the person in contempt. A person may not refuse to comply with subsection (a)(2) of this section on the ground that giving testimony or producing evidence may tend to incriminate or subject the person to penalty or forfeiture. Except for perjury committed by an individual giving evidence before the Commission, an individual may not be prosecuted, punished, or subjected to penalty or forfeiture for producing any evidence required under subsection (a) of this section.

In each hearing, the Commission shall prepare an official record that includes testimony and exhibits. Any evidence, including records possessed by the Commission, that the Commission or a party in a proceeding before the Commission desires to use, shall be offered and made part of the record. Factual information or evidence not made part of the record may not be considered in the determination of a case. A copy of a record filed with or by the Commission that is certified by the Commission under its official seal as a true copy of the original, is evidence to the same extent as the original. The Commission may take notice of judicially cognizable facts and also of general, technical, or scientific facts within its specialized knowledge. The Commission shall notify each party in an appropriate manner of the material noticed under paragraph (1) of this subsection, and shall provide each party an opportunity to contest the notice by the Commission.

In a proceeding before the Commission where a person applies for the approval of the Commission under § 5–104, §§ 5–201 through 5–203, or §§ 6–101 through 6–103 of this article, the person shall show by clear and satisfactory evidence that granting the application complies with the requirements of this division and, as the case may be, is required by the public interest or is consistent with the public interest. In a proceeding involving a temporary or permanent new rate, or a temporary or permanent change in rate, the burden of proof is on the proponent of the new rate or change in rate.

A decision and order of the Commission in a contested proceeding shall: be based on consideration of the record; be in writing; state the grounds for the conclusions of the Commission; and in the case of a complaint proceeding between two public service companies, be issued within 180 days after the close of the record. An order of the Commission shall take effect within a reasonable time that the Commission prescribes, and shall continue in force according to the terms of the order unless vacated, suspended, modified, or superseded by further order of the Commission or by a court of competent jurisdiction. A person served with an order of the Commission shall promptly notify the Commission in writing of receipt of service. For notification by a corporation under paragraph (1) of this subsection, a person authorized to accept service for the corporation shall sign the notice. The Commission may require in an order that notice be provided to the Commission: within the time specified in the order; in the same manner as notice provided in paragraph (1) of this subsection; and describing if, and to what extent, the order is accepted and will be obeyed. An order of a panel constituted under § 3–104(a) of this subtitle is final. A proposed order of a commissioner or public utility law judge under § 3–104(d) of this subtitle becomes final unless a party to the proceeding notes an appeal with the Commission within the time period for appeal designated in the proposed order. The time period for appeal designated in the proposed order is 30 days unless the order specifies a shorter period of at least 7 days. On appeal, the Commission promptly shall: consider the matter on the record before the commissioner or public utility law judge; conduct any further proceedings that it considers necessary including requiring the filing of briefs and the holding of oral argument; and issue a final order. Notwithstanding the Administrative Procedure Act, unless a provision of this article specifically requires the Commission to act through regulation, the Commission may implement any provision of this article by either order or regulation as the Commission deems necessary and proper.

On rehearing, the Commission may: consider facts not presented in the original hearing, including facts arising after the date of the original hearing; and abrogate, change, or modify the original order by new order. Except as otherwise ordered by the Commission, the rehearing or application for the rehearing does not: stay the enforcement of an order of the Commission; or excuse a person affected by the order from complying with the terms of the order. A party in interest may apply to the Commission for rehearing within 30 days after service of a final order on the party. The Commission may: act on the application; and rehear a final order or conduct further proceedings on its own motion after the filing of a proposed order, as the Commission considers necessary. If a rehearing is granted on an application under this subsection, the Commission shall decide the case within 30 days after the case is finally submitted on rehearing.