2013 Indiana Code TITLE 8. UTILITIES AND TRANSPORTATION ARTICLE 1. UTILITIES GENERALLY CHAPTER 1.5. UTILITY REGULATORY COMMISSION NOMINATING COMMITTEE
Download as PDF
IC 8-1-1.5
Chapter 1.5. Utility Regulatory Commission Nominating
Committee
IC 8-1-1.5-0.3
Validation of certain actions taken before March 5, 1985
Sec. 0.3. Any action taken before March 5, 1985, that would have
been valid if taken under this chapter, as amended by P.L.87-1985,
is validated.
As added by P.L.220-2011, SEC.184.
IC 8-1-1.5-1
Purpose; intent
Sec. 1. The purpose and intent of this chapter is to provide for the
establishment, operation, and organization of a nominating
committee to submit to the governor nominations of candidates to fill
vacancies on the commission.
As added by P.L.43-1983, SEC.8. Amended by P.L.23-1988, SEC.19.
IC 8-1-1.5-2
Definitions
Sec. 2. As used in this chapter:
"Nominating committee" or "committee" means the nominating
committee established by section 3 of this chapter.
"Vacancy" means an opening on the membership of the
commission or nominating committee which occurs by reason of
death, retirement, resignation, removal, expiration of term without
reappointment.
As added by P.L.43-1983, SEC.8. Amended by P.L.23-1988, SEC.20.
IC 8-1-1.5-3
Establishment; members; terms; vacancies; notice
Sec. 3. (a) There is established a nominating committee for the
purpose of submitting to the governor nominations of candidates to
fill vacancies on the commission. The committee consists of seven
(7) members, not more than four (4) of whom shall belong to the
same political party and none of whom may be a member of the
general assembly.
(b) The governor shall appoint three (3) members of the
nominating committee and designate one (1) as chairman. The
speaker of the house of representatives, the president pro tempore of
the senate, the minority leader of the senate, and the minority leader
of the house of representatives shall each appoint one (1) member of
the nominating committee. Each appointment shall be certified to the
secretary of state within ten (10) days of the appointment.
(c) Each member of the nominating committee shall be appointed
for a term of four (4) years.
(d) Whenever a vacancy occurs on the nominating committee, the
chairman of the committee shall promptly notify the official who
appointed the member whose position is vacant. That official shall
appoint a new member within sixty (60) days after receiving notice
of the vacancy. The term of the member so appointed shall be for the
unexpired term of the member whose vacancy he has filled. An
appointment to fill a vacancy shall be certified to the secretary of
state within ten (10) days of the appointment.
(e) After the names of members appointed to the nominating
committee have been certified to the secretary of state, the secretary
of state shall, by regular mail, notify the members of the committee
of their appointment.
As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.1.
IC 8-1-1.5-4
Term of office; reappointment
Sec. 4. A member of the nominating committee serves until his
successor is appointed. No committee member is eligible for
successive reappointment, unless he has been appointed to fill a
vacancy on the committee for less than three (3) years in which case
he is eligible, upon the expiration of that term, for a succeeding term.
As added by P.L.43-1983, SEC.8.
IC 8-1-1.5-5
Vacancy on public service commission; notice; meeting;
nomination of candidates; appointment
Sec. 5. (a) When a vacancy occurs on the commission, the
governor shall promptly notify the chairman of the nominating
committee of the vacancy. The chairman shall call a meeting of the
committee within ten (10) days after the notice. The nominating
committee shall submit its nominations of three (3) candidates for
each vacancy and certify them to the governor no later than forty (40)
days from the time the vacancy occurs. When it is known that a
vacancy will occur at a definite future date, but the vacancy has not
yet occurred, the governor shall notify the nominating committee
immediately thereof, and the committee may, within sixty (60) days
of the notice of the vacancy, make its nominations and submit to the
governor the names of three (3) persons nominated for the
forthcoming vacancy.
(b) The governor may appoint to the commission one (1) of the
three (3) persons nominated by the nominating committee for a
vacancy, or the governor may reject all of such nominees. If the
governor rejects all of such nominees, he shall so notify the chairman
of the nominating committee, and the committee shall certify the
nominations of three (3) additional candidates to the governor not
later than forty (40) days after receipt of such notice. The governor
shall fill the vacancy on the commission from one (1) of such
additional nominees.
As added by P.L.43-1983, SEC.8.
IC 8-1-1.5-6
Candidates; evaluation; list of nominees for commission vacancy;
number
Sec. 6. (a) It is the intent of this chapter that the nominating
committee shall submit to the governor, from among those names the
committee considers for a vacancy on the commission, the names of
only the three (3) most highly qualified candidates. In determining
which candidates are most highly qualified, each committee member
shall evaluate each candidate on the following considerations:
(1) Education and academic honors and awards achieved.
(2) Professional experience and reputation.
(3) Financial interests, including any such interest which might
conflict with the performance of commission responsibilities.
(4) Activities in public service.
(5) Any other pertinent information which the committee
believes is important in selecting the most highly qualified
individuals for commission membership.
(b) The nominating committee shall not make an investigation to
determine these considerations until the individual states in writing
that he desires to be appointed to fill an existing or forthcoming
commission vacancy.
(c) The nominating committee shall submit with the list of three
(3) nominees to the governor their written evaluation of each such
nominee, based on those considerations stated in subsection (a) of
this section. The list of names submitted to the governor may be
publicly disclosed by the committee. The evaluations of candidates
whose names have been submitted to the governor shall remain
confidential.
As added by P.L.43-1983, SEC.8.
IC 8-1-1.5-7
Meetings; rules
Sec. 7. (a) The nominating committee shall meet from time to
time as may be necessary to discharge its responsibilities under this
chapter. Meetings of the committee shall be called by its chairman,
or in the event of his failure to call a meeting when a meeting may be
necessary, upon the call of any four (4) members of the committee.
The chairman, whenever he deems a meeting necessary or upon the
request of any four (4) members of the committee for a meeting, shall
give each member of the committee at least five (5) days written
notice by mail of the time and place of every meeting, unless the
committee at its previous meeting designated the time and place of
its next meeting.
(b) Meetings of the nominating committee are to be held at such
a place in Indiana as the chairman of the committee may arrange.
(c) The nominating committee shall act only at a meeting and may
act only on the concurrence of a majority of its members attending
a meeting. Four (4) members shall constitute a quorum. The
committee has the power to adopt rules under IC 4-22-2 for the
conduct of its proceedings and the discharge of its duties. These rules
shall include procedures by which eligible candidates for a vacancy
on the commission may submit their names to the nominating
committee.
As added by P.L.43-1983, SEC.8.
IC 8-1-1.5-8
Death or withdrawal of nominee; renomination of replacement
Sec. 8. (a) If any nominee dies or requests in writing that his name
be withdrawn, the nominating committee shall nominate another
person to replace him from the list of candidates previously
considered for that vacancy.
(b) Whenever there are existing at the same time two (2) or more
vacancies, the committee shall submit to the governor a single list of
the names of those persons nominated for the vacancies. The number
of names that the nominating committee shall include on the list
equals three (3) times the number of vacancies. The rights provided
and duties assigned to the governor and the nominating committee by
section 5(b) of this chapter also apply to a list of names submitted by
the nominating committee to the governor under this subsection.
As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.2.
IC 8-1-1.5-9
Investigators and experts; aid of governor's staff; appropriation
Sec. 9. (a) The nominating committee shall have the authority to
employ investigators and such experts as the committee in its
discretion determines to be necessary to carry out its functions and
purposes.
(b) The office and staff of the governor shall also serve the
nominating committee in performing its functions under this chapter.
(c) There is annually appropriated to the nominating committee
the sum of five thousand dollars ($5,000) from the state general fund
for the purpose of defraying any and all expenses which may be
incurred in the administration of this chapter.
As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.3.
IC 8-1-1.5-10
Compensation; expenses
Sec. 10. Each member of the nominating committee is entitled to
receive the minimum salary per diem as provided in
IC 4-10-11-2.1(b) while performing his duties. Such a member is also
entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with his duties, as provided in the
state travel policies and procedures established by the department of
administration and approved by the state budget agency.
As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.4.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
