# COMAR Title 20 — Public Service Commission

## Subtitle 59 — Competitive Gas Supply

### Chapter 10 — Supplier-Agent Relations

**Authority:** Public Utilities Article, §§2-113, 2-121, 5-101, 7-507, 7-511, and 7-601—7-606, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.07 recodified from COMAR 20.59.08, Supplier-Agent Relations effective March 7, 2022 (49:5 Md. R. 367)

**Administrative History:** Regulation .04 amended effective March 7, 2022 (49:5 Md. R. 367)

#### Regulation .01 Scope.

*COMAR 20.59.10.01*

This chapter applies to supplier services to residential customers.

#### Regulation .02 Suppliers Responsible for its Agent.

*COMAR 20.59.10.02*

A. A supplier may use an agent to conduct marketing or sales activities.

B. A supplier is responsible for any fraudulent, deceptive or other unlawful marketing acts performed by its agent in the conduct of marketing or sales activities on behalf of a supplier.

#### Regulation .03 Agent Qualifications and Standards.

*COMAR 20.59.10.03*

A. A supplier shall develop standards and qualifications for individuals it chooses to hire as its agents. A supplier may not permit an individual to be hired if an individual fails to meet its standards. The standards shall ensure to the fullest extent practicable that the agent’s qualifications, and for door-to-door agents the results of the criminal history record check, safeguard potential customers with whom the agent may make contact.

B. A supplier may not permit its agent to conduct door-to-door activities unless:

  (1) The door-to-door agent’s identity has been verified by government-issued identification;

  (2) The supplier has ensured that the agent meets any local licensing, registration, or permitting requirements of the jurisdiction where the agent will be conducting door-to-door activities; and

  (3) The agent’s criminal history record meets the supplier’s standards and qualifications.

C. The criminal history record shall be updated no less than every 36 months, and shall be obtained from either:

  (1) The Maryland Criminal Justice Information System and the Federal Bureau of Investigation, through the Department of Public Safety and Correctional Services, and from all other states in which the person resided within at least the last 12 months; or

  (2) A criminal history records check conducted by the supplier or a third party that includes, at a minimum, the following:

    (a) An all-county search through the Maryland Administrative Office of the Courts, and from all other states in which the person resided within at least the last 12 months;

    (b) A nationwide federal criminal court search, such as the Federal Public Access to Court Electronic Records (PACER) System;

    (c) A national multi-state, multi-jurisdictional criminal database search with validation conducted by a member of the National Association of Professional Background Screeners; and

    (d) The U.S. Department of Justice National Sex Offender Public Registry.

D. When a supplier contracts to perform door-to-door activities, the supplier shall document that the criminal background investigation has been performed on any door-to-door agents in accordance with this section and with the standards set by the supplier. A supplier may satisfy this requirement by obtaining a written statement verifying that the criminal background check was performed in accordance with this section and with standards set by the supplier and presented in writing.

E. A supplier shall audit at least every 12 months whether the criminal background checks completed by its independent contractor or vendor have been completed in accordance with this section. A supplier shall provide the Commission notice within 30 days if the audit results demonstrate that the criminal background checks were not completed by the independent contractor or vendor in accordance with this section.

#### Regulation .04 Agent Training.

*COMAR 20.59.10.04*

A. A supplier shall ensure the training of its agents on the following subjects:

  (1) Local, State, and federal laws and regulations that govern marketing, telemarketing, consumer protection and door-to-door sales as applicable to the types of marketing and jurisdiction in which the agent shall engage or operate;

  (2) Responsible and ethical sales practices;

  (3) The supplier’s products and services;

  (4) The supplier’s rates, rate structures, billing, and payment options;

  (5) The customer’s right to rescind and cancel contracts;

  (6) The applicability of an early termination fee for contract cancellation when the supplier has one;

  (7) The necessity of adhering to the script and knowledge of the contents of the script if one is used;

  (8) The proper completion of transaction documents;

  (9) The supplier’s Contract Summary;

  (10) Terms and definitions related to energy supply, transmission and distribution service as found online at the Commission’s website;

  (11) Information about how customers may contact the supplier to obtain information about billing, disputes and complaints; and

  (12) The confidentiality and protection of customer information.

B. If an agent represents a supplier engaged in supplier-consolidated billing, the agent shall be able to explain:

  (1) That the customer will receive one bill from the supplier going forward with the utility’s and supplier’s charges;

  (2) That the customer will pay the supplier directly for all charges billed;

  (3) That the customer must pay previous billers if the customer has charges outstanding; and

  (4) Information on where the customer can find the utility’s toll-free telephone number to resolve future concerns relating to outages and safety.

C. A supplier shall document the training of an agent and maintain a record of the training for 3 years from the date the training was completed.

D. Training Records.

  (1) A supplier shall make training materials and training records available to the Commission and the Office of People’s Counsel upon request.

  (2) Training records shall be treated as confidential.

E. When a supplier contracts with an independent contractor or vendor to perform marketing or sales activities on the supplier’s behalf, the supplier shall confirm that the contractor or vendor has provided supplier-approved training to agents and independent contractors in accordance with this section.

F. The supplier shall monitor telephonic and door-to-door marketing and sales calls to:

  (1) Evaluate the supplier’s training program.

  (2) Ensure that agents are providing accurate and complete information, complying with applicable rules and regulations and providing courteous service to customers.

#### Regulation .05 Agent Identification; Misrepresentation.

*COMAR 20.59.10.05*

A. A supplier shall issue an identification badge to agents to be worn when conducting door-to-door activities or appearing at public events on behalf of a supplier. The badge shall:

  (1) Accurately identify the supplier, its trade name and logo;

  (2) Display the agent’s photograph;

  (3) Display the agent’s full name;

  (4) Be prominently displayed; and

  (5) Display a customer service phone number for the supplier.

B. Upon first contact with a customer, an agent shall:

  (1) Identify the supplier that he represents; and

  (2) State that he is not working for and is independent of the customer’s local distribution company.

C. When conducting door-to-door activities or appearing at a public event, an agent may not wear apparel or accessories or carry equipment that contains branding elements, including a logo, that suggests a relationship that does not exist with a utility, government agency, or another supplier.

D. A supplier may not use the name, bills, marketing materials or consumer education materials of another supplier, regulated utility, or government agency in a way that suggests a relationship that does not exist.

E. A supplier or supplier agent may not say or suggest to a customer that a utility customer is required to choose a competitive energy supplier.

#### Regulation .06 Door-to-Door Sales.

*COMAR 20.59.10.06*

The following provisions do not preempt the Maryland Door to Door Sales Act.

A. A supplier and its agents shall comply with state and local government ordinances regarding door-to-door marketing and sales activities.

B. A supplier’s agent shall:

  (1) Prominently display an identification badge; and

  (2) Offer a business card or other material that lists:

    (a) The supplier’s name and contact information, including telephone number;

    (b) The supplier’s Commission license number; and

    (c) The agent’s name and any other identification numbers provided to the sales agent by the supplier or agent.

C. A supplier shall establish a policy that requires an agent to terminate contact with a customer if the customer is incapable of understanding and responding to the information being conveyed by the agent.

D. When an agent completes a transaction with a customer, the agent shall provide a copy of each document that the customer signed or initialed relating to the transaction. A copy of these documents shall be provided to the customer before the agent and the customer leave each other’s presence;

E. An agent shall immediately leave a residence when requested to do so by a customer or the owner or an occupant of the premises, or if the customer does not express an interest in what the agent is attempting to sell.

#### Regulation .07 Notification Regarding Door-to-Door Activity.

*COMAR 20.59.10.07*

A. When a supplier engages in door-to-door activity, the supplier shall notify CAD no later than the morning of the day that the activity begins. The notification shall include general, nonproprietary information about the activity, the period involved and a general description of the geographical area.

B. A supplier shall provide the utility with general, nonproprietary information about the door-to-door activity that caused the supplier to provide notice to the Commission. The supplier shall provide this general information to the utility no later than the morning of the day that the sales and marketing activities begin. The utility shall use this information only for acquainting its customer service representatives with sales and marketing activity occurring in its service territory so that they may address customer inquiries knowledgably. A utility may not use the information for other purposes.