Rules & Regulations of the State of Tennessee
Title 1715 - Utility Management Review Board
Chapter 1715-01 - Utility Management Review Board
Section 1715-01-.02 - POWERS, DUTIES, AND AUTHORITY
Universal Citation: TN Comp Rules and Regs 1715-01-.02
Current through April 3, 2024
(1) Terms; expenses
(a) Board members shall be appointed to
four-year terms.
(b) If a successor
is not appointed before the end of a Board member's four-year term, the Board
member shall continue to serve until a successor is appointed or until the
Board member is reappointed.
(c)
Appointments to succeed a Board member who is unable to serve a full-term shall
be for the remainder of that term.
(d) Board members shall serve without
compensation, but shall be eligible for reimbursement for travel expenses in
accordance with the provisions of the comprehensive travel regulations as
promulgated by the Department of Finance and Administration and approved by the
Attorney General and Reporter.
(2) Meetings
(a) The Board shall exercise its powers only
at public meetings.
(b) The Board
shall hold at least two meetings each calendar year.
(c) The Board may hold special
meetings.
(d) Special meetings
shall be called by the Chair or by any two Board members.
(e) For any calendar year, the Board by
resolution may set a regular meeting schedule.
(3) Quorum
(a) A majority of the Board constitutes a
quorum.
(b) A majority of the Board
members present and voting shall be required for formal action of the Board;
for purposes of determining whether a Board member is voting, any member who
has been determined by Counsel to have a conflict of interest or an appearance
of impropriety must be excluded.
(4) Conflicts of interest; appearances of impropriety
(a) Board members shall file
annual written disclosures of financial interests and other direct and indirect
conflicts of interest with Staff to be maintained in accordance with applicable
records retention policy and open to the public in accordance with Comptroller
policy and state law.
(b) Board
members are not authorized to participate in the discussion of or to vote on
matters involving entities in which the Board member has a financial interest,
with which the Board member has a conflict of interest, with which the Board
member has a contract of employment, or if there is any appearance of
impropriety as determined by Counsel.
(c) At each Board meeting, Counsel shall
state the following on the record:
1. The
Board was created to act for the public welfare and in furtherance of the
legislature's intent that utility systems be operated as self-sufficient
enterprises.
2. Board members are
not authorized to participate in the discussion of or to vote on matters
involving entities in which the Board member has a financial interest, with
which the Board member has a conflict of interest, with which the Board member
has a contract of employment, or if there is any appearance of
impropriety.
(5) Records
(a) Staff shall keep complete and accurate
records of Board meetings.
(b)
Board records will be located in the office of the Comptroller and will be open
to the public in accordance with Comptroller policy and state law.
(6) Guidelines
(a) The Board may annually delegate certain
duties to Staff related to researching , drafting, and updating Board
guidelines and other educational materials.
(b) The Board may annually review, amend, and
endorse by formal action the following:
1. A
non-revenue water percentage and validity score that provide parameters for
water loss referrals and any related Board guidelines or educational
materials.
2. A list of certain
factors that are used by the Board when evaluating the reasonableness of rate
structures and any related Board guidelines or educational materials.
3. A list of model utility system policies
and any related Board guidelines or educational materials.
4. A priority list of commissioner training
topics and any related Board guidelines or educational materials.
Authority: T.C.A. §§ 4-5-202 and 7-82-701 through 7-82-709.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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