SF 580

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to utilities; expanding authority to adopt 
  1.3             rules prohibiting ex parte communications; requiring 
  1.4             commissioners to avoid appearance of impropriety; 
  1.5             authorizing civil penalty; amending Minnesota Statutes 
  1.6             1996, section 216A.037, subdivisions 1, 3, and by 
  1.7             adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 216A.037, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [COMMUNICATIONS.] The commission shall 
  1.12  adopt rules under chapter 14 prescribing permissible and 
  1.13  impermissible ex parte communications.  
  1.14     The ex parte rules may prohibit only ex parte 
  1.15  communications by commission members with a party relating to: 
  1.16     (1) a material issue during a pending contested case 
  1.17  proceeding; 
  1.18     (2) a material issue in a rulemaking proceeding after the 
  1.19  beginning of commission deliberations; 
  1.20     (3) a material issue in a disputed formal petition; and 
  1.21     (4) any other communication impermissible by law.  A 
  1.22  commissioner may not communicate with a party in a contested 
  1.23  case, rulemaking proceeding, or disputed formal petition before 
  1.24  the commission or a person who has been a party to such a 
  1.25  proceeding, petition, or matter within the last year, regarding 
  1.26  an issue related to utility regulation or matters unless the 
  2.1   communication takes place in a meeting that is open to the 
  2.2   public and for which public notice has been provided.  The 
  2.3   meeting need not be a formal proceeding. 
  2.4      A contested case is pending from the time the commission 
  2.5   refers the matter to the office of administrative hearings until 
  2.6   the commission has issued its final order, and the time to 
  2.7   petition for reconsideration has expired or the commission has 
  2.8   issued an order finally disposing an application for 
  2.9   reconsideration, whichever is later. 
  2.10     Sec. 2.  Minnesota Statutes 1996, section 216A.037, 
  2.11  subdivision 3, is amended to read: 
  2.12     Subd. 3.  [CODE OF CONDUCT.] Except as limited by 
  2.13  subdivision 1, The commission shall adopt rules prescribing a 
  2.14  code of conduct for commissioners and employees of the 
  2.15  commission.  The code of conduct must include standards to 
  2.16  preserve the quasi-judicial function of the commission.  On a 
  2.17  quarterly basis, each commissioner shall certify compliance with 
  2.18  the code of conduct and the commission's rules regulating ex 
  2.19  parte communications for the immediately preceding quarter.  The 
  2.20  certification must be in writing and maintained as a permanent 
  2.21  record by the commission. 
  2.22     Sec. 3.  Minnesota Statutes 1996, section 216A.037, is 
  2.23  amended by adding a subdivision to read: 
  2.24     Subd. 4.  [VIOLATIONS.] A person who violates this section 
  2.25  is subject to a civil penalty not to exceed $5,000 for each 
  2.26  violation.  The attorney general may bring an action in district 
  2.27  court to collect the penalty.