Effective 28 Aug 2019
386.135. Independent technical staff for commission authorized, qualifications — personal advisors permitted — corresponding elimination of positions required — duties of technical staff. — 1. The commission may retain an independent technical advisory staff of up to six full-time employees. The technical advisory staff shall have expertise in accounting, economics, finance, engineering/utility operations, law, or public policy.
2. In addition, each commissioner may also retain one personal advisor. The personal advisors shall serve at the pleasure of the individual commissioner whom they serve and shall possess expertise in one or more of the following fields: accounting, economics, finance, engineering/utility operations, law, or public policy.
3. The commission shall only establish technical advisory staff and personal advisor positions pursuant to subsections 1 and 2 of this section if there is a corresponding elimination in comparable staff positions for commission staff to offset the hiring of such technical advisory staff and personal advisors on a cost-neutral basis.
4. It shall be the duty of the technical advisory staff and personal advisors to render advice and assistance to the commissioners and the commission's administrative law judges on technical matters within their respective areas of expertise that may arise during the course of proceedings before the commission. Communications with the technical advisory staff or the personal advisors regarding deliberations by the commission or matters that may arise during the course of proceedings before the commission shall be deemed privileged and protected from disclosure.
5. The technical advisory staff shall also update the commission and the commission's administrative law judges periodically on developments and trends in public utility regulation, including updates comparing the use, nature, and effect of various regulatory practices and procedures as employed by the commission and public utility commissions in other jurisdictions.
6. Each member of the technical advisory staff and the personal advisors shall be subject to any applicable ex parte or conflict of interest requirements in the same manner and to the same degree as any commissioner. All technical advisory staff members and the personal advisors who were previously employees of entities regulated by or appearing before the commission shall be precluded from advising the commission on cases in which the technical advisory staff member or personal advisor participated while employed by the entity.
7. The technical advisory staff and personal advisors shall never be a party to any case before the commission.
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(L. 2003 H.B. 208, A.L. 2004 H.B. 1548, A.L. 2019 H.B. 355)
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