Sec. 2. (a) There is created the Indiana utility regulatory commission which shall consist of five (5) members, at least one (1) of whom shall be an attorney qualified to practice law before the supreme court of Indiana and not more than three (3) of whom belong to the same political party.

     (b) The members of the commission and all vacancies occurring on the commission shall be appointed by the governor from among persons nominated by the nominating committee in accordance with IC 8-1-1.5.

Terms Used In Indiana Code 8-1-1-2

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
  • Oath: A promise to tell the truth.
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
     (c) The members may be removed at any time by the governor for cause.

     (d) The governor shall appoint one (1) member as chairman.

     (e) The members of the commission shall be appointed for a term of four (4) years, except when a member is appointed to fill a vacancy, in which case such appointment shall be for such unexpired term only. All members of said commission shall serve as such until their successors are duly appointed and qualified, and while so serving shall devote full time to the duties of the commission and shall not be actively engaged in any other occupation, profession, or business that constitutes a conflict of interest or otherwise interferes with carrying out their duties as commissioners.

     (f) A member of the commission or any person appointed to any position or employed in any capacity to serve the commission, may not have any official or professional relationship or connection with, or hold any stock or securities or have any pecuniary interest in any public utility operating in Indiana.

     (g) Each member appointed to the Indiana utility regulatory commission shall take and subscribe to an oath in writing that the member will faithfully perform the duties of the member’s office, and support and defend to the best of the member’s ability the Constitution and laws of the state of Indiana and of the United States of America, and such oath shall be filed with the secretary of state.

     (h) The chairman of the commission shall assign cases to the various members of the commission or to administrative law judges for hearings.

Formerly: Acts 1941, c.101, s.2; Acts 1945, c.46, s.1; Acts 1963, c.326, s.1. As amended by Acts 1981, P.L.104, SEC.1; P.L.43-1983, SEC.3; P.L.113-1987, SEC.1; P.L.78-1988, SEC.1; P.L.136-2018, SEC.42.