Minnesota Legislature
HF 1549
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to utilities; making technical change relating to ex parte rules of Public
Utilities Commission; amending Minnesota Statutes 2006, section 216A.037,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 216A.037, subdivision 1, is amended to
read:
Subdivision 1.
Ex parte communications prohibitions; rules.
(a) The commission
shall adopt rules under chapter 14 prescribing permissible and impermissible ex parte
communications. The ex parte rules may prohibit only ex parte communications, directly
or indirectly, between a commissioner and a deleted text begin participantdeleted text end new text begin party new text end under the commission's
rules of practice and procedure relating to:
(1) a material issue during a pending contested case proceeding;
(2) a material issue in a rulemaking proceeding after the beginning of commission
deliberations;
(3) a material issue in a disputed formal petition; and
(4) any other communication impermissible by law.
(b) The commission may apply ex parte prohibitions, prospectively and after notice
to affected parties, to other commission proceedings as the commission deems necessary.
(c) A contested case is pending from the time the commission refers the matter to
the Office of Administrative Hearings until the commission has issued its final order, and
the time to petition for reconsideration has expired or the commission has issued an order
finally disposing an application for reconsideration, whichever is later.