IC 8-1-1.5
    Chapter 1.5. Utility Regulatory Commission NominatingCommittee

IC 8-1-1.5-1
Purpose; intent
    Sec. 1. The purpose and intent of this chapter is to provide for theestablishment, operation, and organization of a nominatingcommittee to submit to the governor nominations of candidates to fillvacancies on the commission.
As added by P.L.43-1983, SEC.8. Amended by P.L.23-1988, SEC.19.

IC 8-1-1.5-2
Definitions
    Sec. 2. As used in this chapter:
    "Nominating committee" or "committee" means the nominatingcommittee established by section 3 of this chapter.
    "Vacancy" means an opening on the membership of thecommission or nominating committee which occurs by reason ofdeath, retirement, resignation, removal, expiration of term withoutreappointment.
As added by P.L.43-1983, SEC.8. Amended by P.L.23-1988, SEC.20.

IC 8-1-1.5-3
Establishment; members; terms; vacancies; notice
    Sec. 3. (a) There is established a nominating committee for thepurpose of submitting to the governor nominations of candidates tofill vacancies on the commission. The committee consists of seven(7) members, not more than four (4) of whom shall belong to thesame political party and none of whom may be a member of thegeneral assembly.
    (b) The governor shall appoint three (3) members of thenominating committee and designate one (1) as chairman. Thespeaker of the house of representatives, the president pro tempore ofthe senate, the minority leader of the senate, and the minority leaderof the house of representatives shall each appoint one (1) member ofthe nominating committee. Each appointment shall be certified to thesecretary of state within ten (10) days of the appointment.
    (c) Each member of the nominating committee shall be appointedfor a term of four (4) years.
    (d) Whenever a vacancy occurs on the nominating committee, thechairman of the committee shall promptly notify the official whoappointed the member whose position is vacant. That official shallappoint a new member within sixty (60) days after receiving noticeof the vacancy. The term of the member so appointed shall be for theunexpired term of the member whose vacancy he has filled. Anappointment to fill a vacancy shall be certified to the secretary ofstate within ten (10) days of the appointment.
    (e) After the names of members appointed to the nominatingcommittee have been certified to the secretary of state, the secretary

of state shall, by regular mail, notify the members of the committeeof their appointment.
As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.1.

IC 8-1-1.5-4
Term of office; reappointment
    Sec. 4. A member of the nominating committee serves until hissuccessor is appointed. No committee member is eligible forsuccessive reappointment, unless he has been appointed to fill avacancy on the committee for less than three (3) years in which casehe is eligible, upon the expiration of that term, for a succeeding term.
As added by P.L.43-1983, SEC.8.

IC 8-1-1.5-5
Vacancy on public service commission; notice; meeting;nomination of candidates; appointment
    Sec. 5. (a) When a vacancy occurs on the commission, thegovernor shall promptly notify the chairman of the nominatingcommittee of the vacancy. The chairman shall call a meeting of thecommittee within ten (10) days after the notice. The nominatingcommittee shall submit its nominations of three (3) candidates foreach vacancy and certify them to the governor no later than forty (40)days from the time the vacancy occurs. When it is known that avacancy will occur at a definite future date, but the vacancy has notyet occurred, the governor shall notify the nominating committeeimmediately thereof, and the committee may, within sixty (60) daysof the notice of the vacancy, make its nominations and submit to thegovernor the names of three (3) persons nominated for theforthcoming vacancy.
    (b) The governor may appoint to the commission one (1) of thethree (3) persons nominated by the nominating committee for avacancy, or the governor may reject all of such nominees. If thegovernor rejects all of such nominees, he shall so notify the chairmanof the nominating committee, and the committee shall certify thenominations of three (3) additional candidates to the governor notlater than forty (40) days after receipt of such notice. The governorshall fill the vacancy on the commission from one (1) of suchadditional nominees.
As added by P.L.43-1983, SEC.8.

IC 8-1-1.5-6
Candidates; evaluation; list of nominees for commission vacancy;number
    Sec. 6. (a) It is the intent of this chapter that the nominatingcommittee shall submit to the governor, from among those names thecommittee considers for a vacancy on the commission, the names ofonly the three (3) most highly qualified candidates. In determiningwhich candidates are most highly qualified, each committee membershall evaluate each candidate on the following considerations:
        (1) Education and academic honors and awards achieved.        (2) Professional experience and reputation.
        (3) Financial interests, including any such interest which mightconflict with the performance of commission responsibilities.
        (4) Activities in public service.
        (5) Any other pertinent information which the committeebelieves is important in selecting the most highly qualifiedindividuals for commission membership.
    (b) The nominating committee shall not make an investigation todetermine these considerations until the individual states in writingthat he desires to be appointed to fill an existing or forthcomingcommission vacancy.
    (c) The nominating committee shall submit with the list of three(3) nominees to the governor their written evaluation of each suchnominee, based on those considerations stated in subsection (a) ofthis section. The list of names submitted to the governor may bepublicly disclosed by the committee. The evaluations of candidateswhose names have been submitted to the governor shall remainconfidential.
As added by P.L.43-1983, SEC.8.

IC 8-1-1.5-7
Meetings; rules
    Sec. 7. (a) The nominating committee shall meet from time totime as may be necessary to discharge its responsibilities under thischapter. Meetings of the committee shall be called by its chairman,or in the event of his failure to call a meeting when a meeting may benecessary, upon the call of any four (4) members of the committee.The chairman, whenever he deems a meeting necessary or upon therequest of any four (4) members of the committee for a meeting, shallgive each member of the committee at least five (5) days writtennotice by mail of the time and place of every meeting, unless thecommittee at its previous meeting designated the time and place ofits next meeting.
    (b) Meetings of the nominating committee are to be held at sucha place in Indiana as the chairman of the committee may arrange.
    (c) The nominating committee shall act only at a meeting and mayact only on the concurrence of a majority of its members attendinga meeting. Four (4) members shall constitute a quorum. Thecommittee has the power to adopt rules under IC 4-22-2 for theconduct of its proceedings and the discharge of its duties. These rulesshall include procedures by which eligible candidates for a vacancyon the commission may submit their names to the nominatingcommittee.
As added by P.L.43-1983, SEC.8.

IC 8-1-1.5-8
Death or withdrawal of nominee; renomination of replacement
    Sec. 8. (a) If any nominee dies or requests in writing that his namebe withdrawn, the nominating committee shall nominate anotherperson to replace him from the list of candidates previously

considered for that vacancy.
    (b) Whenever there are existing at the same time two (2) or morevacancies, the committee shall submit to the governor a single list ofthe names of those persons nominated for the vacancies. The numberof names that the nominating committee shall include on the listequals three (3) times the number of vacancies. The rights providedand duties assigned to the governor and the nominating committee bysection 5(b) of this chapter also apply to a list of names submitted bythe nominating committee to the governor under this subsection.
As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.2.

IC 8-1-1.5-9
Investigators and experts; aid of governor's staff; appropriation
    Sec. 9. (a) The nominating committee shall have the authority toemploy investigators and such experts as the committee in itsdiscretion determines to be necessary to carry out its functions andpurposes.
    (b) The office and staff of the governor shall also serve thenominating committee in performing its functions under this chapter.
    (c) There is annually appropriated to the nominating committeethe sum of five thousand dollars ($5,000) from the state general fundfor the purpose of defraying any and all expenses which may beincurred in the administration of this chapter.
As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.3.

IC 8-1-1.5-10
Compensation; expenses
    Sec. 10. Each member of the nominating committee is entitled toreceive the minimum salary per diem as provided inIC 4-10-11-2.1(b) while performing his duties. Such a member is alsoentitled to reimbursement for traveling expenses and other expensesactually incurred in connection with his duties, as provided in thestate travel policies and procedures established by the department ofadministration and approved by the state budget agency.
As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.4.