Ohio § 1509.35

§ 1509.35.

(A) There is hereby created an oil and gas commission consisting of five members appointed

by the governor.  Terms of office shall be for five years, commencing on the fifteenth day of October

and ending on the fourteenth day of October, except that the terms of the first five

members of the board shall be for one, two, three, four, and five years, respectively,

as designated by the governor at the time of the appointment.  Each member shall hold office from the date of appointment until the end of the

term for which the member was appointed.  Any member appointed to fill a vacancy occurring prior to the expiration of the

term for which the member's predecessor was appointed shall hold office for the remainder

of that term.  Any member shall continue in office subsequent to the expiration date of the member's

term until a successor takes office, or until a period of sixty days has elapsed,

whichever occurs first.  Each vacancy occurring on the commission shall be filled by appointment within sixty

days after the vacancy occurs.  One of the appointees to the commission shall be a person who, by reason of the

person's previous vocation, employment, or affiliations, can be classed as a representative

of a major petroleum company.  One of the appointees to the commission shall be a person who, by reason of the

person's previous vocation, employment, or affiliations, can be classed as a representative

of the public.  One of the appointees to the commission shall be a person who, by reason of the

person's previous training and experience, can be classed as a representative of independent

petroleum operators.  One of the appointees to the commission shall be a person who, by reason of the

person's previous training and experience, can be classed as one learned and experienced

in oil and gas law.  One of the appointees to the commission shall be a person who, by reason of the

person's previous training and experience, can be classed as one learned and experienced

in geology or petroleum engineering.  Not more than three members shall be members of the same political party.  This division does not apply to temporary members appointed under division (C) of

this section. (B) Three members constitute a quorum and no action of the commission is valid unless

it has the concurrence of at least a majority of the members voting on that action.  The commission shall keep a record of its proceedings. (C) If the chairperson of the commission determines that a quorum cannot be obtained

for the purpose of considering a matter that will be before the commission because

of vacancies or recusal of its members, the chairperson may contact the technical

advisory council on oil and gas created in section 1509.38 of the Revised Code and request a list of members of the council who may serve as temporary members of

the commission.  Using the list provided by the council, the chairperson may appoint temporary members

to the commission.  The appointment of temporary members shall be for only the matter for which a quorum

cannot be obtained.  The number of temporary members appointed by the chairperson shall not exceed the

number that is necessary to obtain a quorum for the matter.  A temporary member of the commission has the same authority, rights, and obligations

as a member of the commission, including the right to compensation and other expenses

as provided in this section.  The authority, rights, and obligations of a temporary member cease when the temporary

member's service on the commission ends. (D) Each member shall be paid an amount fixed pursuant to division (J) of section 124.15 of the Revised Code per diem when actually engaged in the performance of work as a member and when engaged

in travel necessary in connection with that work.  In addition to such compensation each member shall be reimbursed for all traveling,

hotel, and other expenses necessarily incurred in the performance of work as a member. (E) The commission shall select from among its members a chairperson, a vice-chairperson,

and a secretary.  These officers shall serve for terms of one year. (F) The governor may remove any member of the commission from office for inefficiency,

neglect of duty, malfeasance, misfeasance, or nonfeasance. (G) The commission, in accordance with Chapter 119. of the Revised Code, shall adopt

rules to govern its procedure.