§ 40-6-122 — Ex parte communications - disclosure

(1) Commissioners and
administrative law judges shall file memoranda, in accordance with this section, of
all private communications to or from interested persons concerning matters under
the commissioners' or judges' jurisdiction.

(2) For purposes of this section, interested person means any person or
entity, or any agent or representative of a person or entity:

(a) Whose operations are within the jurisdiction of the commission; or

(b) Who has participated in a proceeding before the commission within one
year prior to the communication; or

(c) Who anticipates participating in a proceeding before the commission
within one year after the communication.

(3) Each memorandum filed pursuant to subsection (1) of this section shall
set forth the time and place at which the communication was made, the persons
who were present at that time and place, a statement of the subject matter of the
communication, other than proprietary information, and a statement that the
subject matter of the communication did not relate to any pending adjudicatory
proceeding before the commission. It shall not be necessary for the memorandum
to be prepared by the commissioner or judge, but it shall be signed or otherwise
authenticated by the commissioner or judge, whose signature or authentication
shall constitute a certificate by such commissioner or judge that the memorandum
is complete and accurate. All such memoranda shall be filed with the director of the
commission, who shall keep them on file and available for public inspection for a
minimum of three years after their submission.

(4) Any public utility may request that the commission conduct a public
meeting at which communications otherwise subject to this section may be made
without the necessity of filing memoranda. The commission shall adopt reasonable
rules and regulations to govern such requests. In addition, the commission may
adopt such other rules as are necessary and proper to govern ex parte
communications generally.

(5) As used in this section, an adjudicatory proceeding does not include a
rule-making proceeding or discussions on pending legislative proposals.

Legislative History

Source: L. 93: Entire section added, p. 2066, � 23, effective July 1. L. 2008: (3) amended and (5) added, p. 1797, � 16, effective July 1.