Section 1715-01-.02 - POWERS, DUTIES, AND AUTHORITY(1) Terms; expenses (a) Board members shall be appointed to four-year terms.(b) If a successor is not appointed before the end of a Board member's four-year term, the Board member shall continue to serve until a successor is appointed or until the Board member is reappointed.(c) Appointments to succeed a Board member who is unable to serve a full-term shall be for the remainder of that term.(d) Board members shall serve without compensation, but shall be eligible for reimbursement for travel expenses in accordance with the provisions of the comprehensive travel regulations as promulgated by the Department of Finance and Administration and approved by the Attorney General and Reporter.(2) Meetings (a) The Board shall exercise its powers only at public meetings.(b) The Board shall hold at least two meetings each calendar year.(c) The Board may hold special meetings.(d) Special meetings shall be called by the Chair or by any two Board members.(e) For any calendar year, the Board by resolution may set a regular meeting schedule.(3) Quorum (a) A majority of the Board constitutes a quorum.(b) A majority of the Board members present and voting shall be required for formal action of the Board; for purposes of determining whether a Board member is voting, any member who has been determined by Counsel to have a conflict of interest or an appearance of impropriety must be excluded.(4) Conflicts of interest; appearances of impropriety(a) Board members shall file annual written disclosures of financial interests and other direct and indirect conflicts of interest with Staff to be maintained in accordance with applicable records retention policy and open to the public in accordance with Comptroller policy and state law.(b) Board members are not authorized to participate in the discussion of or to vote on matters involving entities in which the Board member has a financial interest, with which the Board member has a conflict of interest, with which the Board member has a contract of employment, or if there is any appearance of impropriety as determined by Counsel.(c) At each Board meeting, Counsel shall state the following on the record:1. The Board was created to act for the public welfare and in furtherance of the legislature's intent that utility systems be operated as self-sufficient enterprises.2. Board members are not authorized to participate in the discussion of or to vote on matters involving entities in which the Board member has a financial interest, with which the Board member has a conflict of interest, with which the Board member has a contract of employment, or if there is any appearance of impropriety.(5) Records (a) Staff shall keep complete and accurate records of Board meetings.(b) Board records will be located in the office of the Comptroller and will be open to the public in accordance with Comptroller policy and state law.(6) Guidelines (a) The Board may annually delegate certain duties to Staff related to researching , drafting, and updating Board guidelines and other educational materials.(b) The Board may annually review, amend, and endorse by formal action the following: 1. A non-revenue water percentage and validity score that provide parameters for water loss referrals and any related Board guidelines or educational materials.2. A list of certain factors that are used by the Board when evaluating the reasonableness of rate structures and any related Board guidelines or educational materials.3. A list of model utility system policies and any related Board guidelines or educational materials.4. A priority list of commissioner training topics and any related Board guidelines or educational materials.Tenn. Comp. R. & Regs. 1715-01-.02
Original rule filed June 13, 1989; effective July 28, 1989. Amendment filed August 2, 1994; effective December 29, 1994. Chapter 1200-22-07 moved to 1715-01 by the Secretary of State under the authority of Public Chapter 86 of Acts of 2007. Repeal and new rule filed June 29, 2010; effective September 27, 2010. Repeal and new rule filed May 20, 2016; effective 8/18/2016.Authority: T.C.A. §§ 4-5-202 and 7-82-701 through 7-82-709.