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74.025Removal of district water commissioner -- Causes.
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From and after the creation and establishment of a water district and the
appointment of water commissioners to manage the affairs of the district, and
following the acquisition or construction by any duly created and established
water district of a public water system, and the consequent establishment of
regulatory jurisdiction over such water district by the Public Service
Commission of Kentucky, the Public Service Commission may remove any
water commissioner from his office for good cause, including, inter alia,
incompetency, neglect of duty, gross immorality, or nonfeasance, misfeasance,
or malfeasance in office, including without limiting the generality of the
foregoing, failure to comply with rules, regulations, and orders issued by the
Public Service Commission.
No such order of removal with respect to any water commissioner shall be
entered by the Public Service Commission until a public hearing on the merits
with reference to such matter has been held by the commission, at which
hearing the water commissioner proposed to be removed from office shall be
afforded the opportunity to appear, either pro se, or by counsel and file briefs,
memoranda and motions, cross-examine witnesses, examine exhibits, and
present evidence, both orally and in writing. All such orders of removal entered
by the Public Service Commission shall be final and shall not be subject to
appeal. Any water commissioner may waive such public hearing, in which case
an order on removal may be forthwith entered by the commission.
Using procedures of this section the Public Service Commission may also
request the removal of directors, trustees or other governing persons of water
associations in like manner.
History: Created 1972 Ky. Acts ch.310, sec.3.
Formerly codified as KRS 74.455.
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