§ 8-1-1-5 — Impartiality of commission; evidence; record; utility consumer counselor; ex parte communications; executive sessions; violations

Indiana § 8-1-1-5

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 1: Utility Regulatory Commission

Text

(a) The commission shall in all controversial
proceedings heard by it be an impartial fact-finding body and shall
make its orders in such cases upon the facts impartially found by it. The
commission shall in no such proceeding, during the hearing, act in the
role either of a proponent or opponent on any issue to be decided by it.
All evidence given in any such proceeding shall be offered on behalf
of the respective parties to, or appearing in, the proceeding and not in
the name or behalf of the commission itself.
(b) Any report, audit, examination, or analysis prepared by the
commission staff at the request or direction of the commission may be
made a part of the record of the proceeding, subject to
cross-examination by any party of the person who performed or
directed the preparation of the report, audit, examination, or analysis.
(c) If in any such proceeding the public interest is not otherwise
adequately represented by counsel, in the opinion of the commission,
it shall be the duty of the utility consumer counselor, if requested by the
commission, to make adequate preparation for the presentation of the
interests of the public in such proceeding and the utility consumer
counselor shall at the hearing represent the public interests therein
involved.
(d) However, nothing in this section prevents the commission from
instituting, prosecuting, hearing, or determining any investigation or
proceeding which it is authorized to do, or make, on its own motion by
any law with the administration of which it is charged.
(e) Except as otherwise provided in this chapter, no member or
employee of the commission assigned to make findings of fact and
conclusions of law in a formally docketed evidentiary proceeding may
communicate in connection with any issue of fact or law disputed in
that proceeding with any party or any party's representative, except on
notice and with opportunity for all parties to participate.
(f) In addition to holding an executive session in the instances
described in IC 5-14-1.5-6.1(b), the commission may hold an executive
session to deliberate on a proposed order if all the following are
satisfied:
(1) All evidence on the matter has been received by the
commission.
(2) The deliberations are preparatory to taking final action on an
order subject to judicial review.
(3) Only the following are permitted to participate in the
executive session:
(A) Commission members.
(B) Commission employees who are formally assigned to
advise or assist in preparing the order, including the
commission's technical staff and attorneys.
IC 5-14-1.5-5, IC 5-14-1.5-6.1, and IC 5-14-1.5-7 apply to an executive
session held under this subsection.
(g) A person who violates this section commits a Class C infraction.
Formerly: Acts 1941, c.101, s.5. As amended by Acts 1978,
P.L.55, SEC.1; P.L.43-1983, SEC.5; P.L.23-1988, SEC.14;
P.L.30-2006, SEC.1.