1997 Minnesota Statutes

     216A.03 Commission. 

    Subdivision 1.    Members.  The public utilities 
 commission shall consist of five members.  The terms of members 
 shall be six years and until their successors have been 
 appointed and qualified.  Each commissioner shall be appointed 
 by the governor by and with the advice and consent of the 
 senate.  Not more than three commissioners shall belong to the 
 same political party.  At least one commissioner must have been 
 domiciled at the time of appointment outside the seven-county 
 metropolitan area.  If the membership of the commission after 
 July 31, 1986, does not consist of at least one member domiciled 
 at the time of appointment outside the seven-county metropolitan 
 area, the membership shall conform to this requirement following 
 normal attrition of the present commissioners.  The governor 
 when selecting commissioners shall give consideration to persons 
 learned in the law or persons who have engaged in the profession 
 of engineering, public accounting, property and utility 
 valuation, finance, physical or natural sciences, production 
 agriculture, or natural resources as well as being 
 representative of the general public. 

    For purposes of this subdivision, "seven-county 
 metropolitan area" means Anoka, Carver, Dakota, Hennepin, 
 Ramsey, Scott, and Washington counties. 

    Subd. 1a.    Removals; vacancies.  The removal of 
 members, and filling of vacancies on the commission shall be as 
 provided in section 15.0575. 

    Subd. 2.  Repealed, 1976 c 134 s 79 

    Subd. 3.    Chair.  The governor shall select one of the 
 commissioners to serve as the chair for a term concurrent with 
 that of the governor.  

    If a vacancy occurs in the position of chair, the governor 
 shall select a new chair to complete the unexpired term.  

    Subd. 3a.    Powers and duties of chair.  The chair 
 shall be the principal executive officer of the commission and 
 shall preside at meetings of the commission.  The chair shall 
 organize the work of the commission and may make assignments to 
 commission members, appoint committees and give direction to the 
 commission staff through the executive secretary subject to the 
 approval of the commission.  

    Subd. 4.    Oath.  Before entering upon the duties of 
 office, each commissioner shall take and file with the secretary 
 of state the following oath: 

    "I do solemnly swear that I will support the constitution 
 of the United States, the constitution of this state; that I 
 will faithfully discharge my duties as commissioner of the 
 public utilities commission according to the best of my ability; 
 and that I am not in the employ of or holding any official 
 relation to or pecuniarily interested in any individual 
 proprietorship, firm, copartnership, corporation or association, 
 the activities of which are wholly or partially subject to 
 regulation by the public utilities commission; nor do I serve on 
 or under any committee of any political party." 

    Subd. 5.    Quorum.  A majority of the commission shall 
 constitute a quorum, and the act or decision of a majority of 
 commissioners present, if at least a quorum is present, shall be 
 the act or decision of the commission.  If a vacancy exists on 
 the commission a majority of the remaining commissioners 
 constitutes a quorum. 

    Subd. 6.    Record of proceedings.  An audio magnetic 
 recording device shall be used to keep a record of all 
 proceedings before the commission unless the commission provides 
 a hearing reporter to record the proceeding. 

    HIST: 1967 c 864 s 3; 1974 c 429 s 65; 1976 c 134 s 50,51; 
 1977 c 364 s 2; 1980 c 614 s 104,105,123; 1986 c 409 s 1,2; 1986 
 c 444; 1994 c 641 art 4 s 1