Indiana Code 8-1-1-5. Impartiality of commission; evidence; record; utility consumer counselor; ex parte communications; executive sessions; violations
(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.
Terms Used In Indiana Code 8-1-1-5
- commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
(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.