Tennessee § 7-82-702 - Powers and duties.

§ 7-82-702. Powers and duties.

In order to effectuate the purposes of this part, the board has the power and authority to: Promulgate rules and regulations for the conduct of the affairs of the board; Adopt a seal for the board, prescribe the style of the seal and alter the seal at pleasure; Subject to title 9, chapter 4, appoint and fix the salaries and duties of such experts, agents and employees as it deems necessary; Make and enter into contracts; Accept gifts, grants or other moneys and receive appropriations that may be made by law; Give advisory technical assistance to any utility district upon request; Review and conduct an informal hearing of any decision of any utility district under § 7-82-402(a) upon simple written request of any utility district customer or any member of the public within thirty (30) days after such decision. In making its decision as to whether the published rates are too high or too low, the utility management review board shall take into account the reasonableness of the utility district's rules, policies, and cost of service as well as any evidence presented during the hearing. Any judicial review of any decision of the board will be held by common law certiorari within the county in which the hearing was held; Upon the failure of the board of commissioners of a utility district to adopt the rules and regulations required by § 7-82-402(b) or any other section of this chapter or, upon the failure of a utility district to consider and resolve consumer complaints in accordance with such rules and regulations, establish an alternate mechanism for consideration and resolution of such complaints through an informal hearing process. In making its decision as to whether the complaint was resolved in accordance with the utility district's rules and regulations, the utility management review board shall also take into account the reasonableness of the utility district's application of its rules, policies, and cost of service as well as any evidence presented during the hearing. Any judicial review of any decision of the board will be held by common law certiorari within the county in which the hearing was held; Review and conduct an informal hearing of any decision of any utility district upon a written request of any utility district customer or an affected developer concerning the justness and reasonableness of the utility district's requirement that the customer or the developer build utility systems to be dedicated to the utility district or the justness and reasonableness of fees or charges against the customer or the developer related to the utility systems. The written complaint must be filed within thirty (30) days after the utility board has taken action upon a written complaint to the board of commissioners of the utility district. In making its decision as to whether the requirements, fees, or charges are just and reasonable, the utility management review board shall take into account the reasonableness of the utility district's rules, policies, and cost of service as well as any evidence presented during the hearing. Any judicial review of any decision of the board will be held by common law certiorari within the county in which the hearing was held; From time to time, submit to the governor or the comptroller of the treasury its suggestions for proposed amendments to this chapter; Exercise all the powers and take all the actions necessary, proper or convenient for the accomplishment of the purposes enumerated in this part; Issue subpoenas requiring attendance of witnesses and production of such evidence as requested; administer oaths; and take such testimony as the board deems necessary in fulfilling its purpose. If a person or entity refuses to obey a subpoena issued by the board under this part, the chancery court of Davidson County shall have jurisdiction upon application of the board to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt; Conduct a contested case hearing and issue an order on the question of whether a member or members of a utility district board should be removed from office and a new board or member appointed or elected as provided in § 7-82-307(b); Conduct a contested case hearing and issue an order on the question of whether a utility district that fills vacancies on its board using a method other than appointment by a county mayor or mayors should be required to begin filling vacancies under the uniform method for the filling of vacancies set forth by § 7-82-307(a)(4) and (5) as provided in § 7-82-307(c); Establish, adopt and promulgate in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, rules that the board deems necessary for the training of utility district commissioners; Establish, adopt and promulgate in accordance with the Uniform Administrative Procedures Act, rules to define excessive water losses for utility districts; Review and approve, by order, the model of ethical standards prepared by the Tennessee Association of Utility Districts (TAUD) for water, wastewater and gas authorities created by a private act or under the general law and for utility districts pursuant to § 8-17-105(b); and review and find, by order, that the ethical standards adopted by any water, wastewater or gas authority created by a private act or under the general law or a utility district that differ from the TAUD model are more stringent than the TAUD model; Hear and act upon the request for utility service by or for a utility district customer made pursuant to § 7-82-112; and [Deleted by 2015 amendment.] In the conduct of any informal hearing upon request or complaint, the board may receive affidavit evidence, in addition to minutes, transcripts, and other evidence of actions by the utility district, and may render its decision thereon or, if it shall deem an open hearing appropriate, may order the interested parties be notified of the date, time, and place that such hearing will be held. Acts 1987, ch. 422, § 10; 1990, ch. 732, § 1; 1992, ch. 788, §§ 2, 3; 1994, ch. 918, § 2; 2000, ch. 721, § 1; 2004, ch. 618, § 4; 2007, ch. 243, § 2; 2007, ch. 405, § 4; 2008, ch. 852, § 2; 2009, ch. 423, § 1; 2013, ch. 141, § 4; 2015, ch. 140, §§ 7, 8; 2016, ch. 590, § 2; 2017, ch. 129, § 2. Compiler's Notes. Acts 2004, ch. 618, § 1 provided that the act shall be known, and may be cited as, the “Utility District Commissioner Selection Reform Act of 2004”. Amendments. The 2015 amendment rewrote (a)(7)-(9), which read: “(7) Review any decision of any utility district under § 7-82-402 , regardless of exemptions or exclusions as may be enumerated in § 7-82-103 , upon simple written request of any utility district customer or any member of the public within thirty (30) days after such decision, with any judicial review of any decision of the board thereon, to be held by common law certiorari within the county of the utility district's principal office;“(8) Upon the failure of the board of commissioners of a utility district to adopt the rules and regulations required by § 7-82-402 (b), regardless of exemptions or exclusions as may be enumerated in § 7-82-103 , or any other section of this chapter or, upon the failure of a utility district to consider and resolve consumer complaints in accordance with such rules and regulations, establish an alternate mechanism for consideration and resolution of such complaints;“(9) In the conduct of any hearing upon request or complaint, the board may receive affidavit evidence, in addition to minutes, transcripts, and other evidence of actions by the utility district, and may render its decision thereon or, if it shall deem an open hearing appropriate, may order the interested parties be notified of the date, time and place that such hearing will be held;”; deleted (a)(19), which read: “Review and conduct a hearing of any decision of any utility district upon a written request of any utility district customer or an affected developer concerning the justness and reasonableness of the utility district's requirement that the customer or the developer build utility systems to be dedicated to the utility district or the justness and reasonableness of fees or charges against the customer or the developer related to the utility systems. The written complaint must be filed within thirty (30) days after the utility board has taken action upon a written complaint to the board of commissioners of the utility district. In making its decision as to whether the requirements, fees or charges are just and reasonable, the utility management review board shall take into account the reasonableness of the utility district's rules, policies and cost of service as well as any evidence presented during the hearing. Any judicial review of a decision of the board is by common law certiorari with the county of the utility district's principal office as the proper venue.” and added (b). The 2016 amendment inserted “or the comptroller of the treasury” following “governor” in (a)(10). The 2017 amendment deleted “, regardless of exemptions or exclusions as may be enumerated in § 7-82-103 ,” following “under § 7-82-402(a) ,” in the first sentence of (a)(7); and deleted “, regardless of exemptions or exclusions as may be enumerated in § 7-82-103 ,” following “required by § 7-82-402(b) ” in the first sentence of (a)(8). Effective Dates. Acts 2015, ch. 140, § 13. April 16, 2015. Acts 2016, ch. 590, § 3. March 10, 2016. Acts 2017, ch. 129, § 15. April 17, 2017. Attorney General Opinions. Jurisdiction of the utility management review board, OAG 93-26, 1993 Tenn. AG LEXIS 29 (3/29/93). Utility management review board's authority over gas utility districts, OAG 99-031, 1999 Tenn. AG LEXIS 20 (2/18/99).