| 1 | 1 | | 25 LC 55 0471 |
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| 2 | 2 | | House Bill 617 |
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| 3 | 3 | | By: Representatives Romman of the 97 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Ridley of the 22 |
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| 6 | 6 | | nd |
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| 7 | 7 | | , Lupton of the 83 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , Powell of the |
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| 10 | 10 | | 33 |
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| 11 | 11 | | rd |
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| 12 | 12 | | , Camp of the 135 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and |
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| 18 | 18 | | 1 |
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| 19 | 19 | | public transportation, so as to reestablish a consumer utility counsel to represent consumers2 |
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| 20 | 20 | | in matters before the Public Service Commission or other agencies concerning public3 |
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| 21 | 21 | | utilities; to provide legislative findings; to provide definitions; to create the Office of the4 |
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| 22 | 22 | | Consumers' Utility Counsel; to establish the position of director of such office; to provide5 |
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| 23 | 23 | | for the appointment and compensation of the director; to provide reporting requirements of6 |
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| 24 | 24 | | the director; to provide for the powers and duties of the director; to provide for notice and7 |
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| 25 | 25 | | service requirements; to authorize the director to take depositions and conduct discovery; to8 |
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| 26 | 26 | | authorize the director to employ certain personnel; to require that certain employees of the9 |
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| 27 | 27 | | Public Service Commission be made available to assist the director; to provide for statutory10 |
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| 28 | 28 | | construction; to provide for related matters; to repeal conflicting laws; and for other11 |
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| 29 | 29 | | purposes.12 |
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| 30 | 30 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 |
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| 31 | 31 | | SECTION 1.14 |
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| 32 | 32 | | Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public15 |
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| 33 | 33 | | transportation, is amended by revising Chapter 10, which is reserved, as follows:16 |
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| 34 | 34 | | H. B. 617 |
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| 35 | 35 | | - 1 - 25 LC 55 0471 |
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| 36 | 36 | | "CHAPTER 10 |
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| 37 | 37 | | 17 |
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| 38 | 38 | | 46-10-1.18 |
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| 39 | 39 | | The General Assembly recognizes the importance of effective and economical public |
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| 40 | 40 | | 19 |
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| 41 | 41 | | utilities to the economy of the State of Georgia. It is further recognized that the citizens20 |
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| 42 | 42 | | of Georgia should receive adequate utility services at the lowest reasonable cost to the21 |
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| 43 | 43 | | consumer while maintaining the ability of public utilities to furnish their products and22 |
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| 44 | 44 | | services. It is further recognized that consumers should receive the benefit of technological23 |
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| 45 | 45 | | advances. It is the purpose of this chapter to ensure that the commission receives such24 |
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| 46 | 46 | | information, particularly in those cases which directly involve the vast majority of25 |
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| 47 | 47 | | Georgia's citizens.26 |
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| 48 | 48 | | 46-10-2.27 |
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| 49 | 49 | | As used in this chapter, the term:28 |
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| 50 | 50 | | (1) 'Consumer' means:29 |
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| 51 | 51 | | (A) An individual user, primarily for personal, family, or household purposes, of the30 |
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| 52 | 52 | | product or service of a public utility which is under the jurisdiction of the commission;31 |
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| 53 | 53 | | or32 |
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| 54 | 54 | | (B) Any sole proprietorship, partnership, corporation, or other entity which is a33 |
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| 55 | 55 | | commercial user of the product or service of a public utility which is under the34 |
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| 56 | 56 | | jurisdiction of the commission and which has ten or fewer employees and a net income35 |
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| 57 | 57 | | after taxes of $100,000.00 per annum or less for federal income tax purposes.36 |
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| 58 | 58 | | (2) 'Director' means the director of the office.37 |
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| 59 | 59 | | (3) 'Office' means the Office of the Consumers' Utility Counsel.38 |
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| 60 | 60 | | H. B. 617 |
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| 61 | 61 | | - 2 - 25 LC 55 0471 |
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| 62 | 62 | | 46-10-3.39 |
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| 63 | 63 | | (a) There is created the Office of the Consumers' Utility Counsel, which shall be assigned40 |
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| 64 | 64 | | for administrative purposes only to the Department of Law. There is created the position41 |
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| 65 | 65 | | of director of the office. The director shall be appointed and removed by a committee42 |
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| 66 | 66 | | consisting of five members as follows, none of whom shall be employed by or be an officer43 |
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| 67 | 67 | | of any utility while serving on the committee:44 |
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| 68 | 68 | | (1) One member shall be a member of the House of Representatives appointed by the45 |
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| 69 | 69 | | majority leader of the House of Representatives;46 |
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| 70 | 70 | | (2) One member shall be a member of the House of Representatives appointed by the47 |
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| 71 | 71 | | minority leader of the House of Representatives;48 |
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| 72 | 72 | | (3) One member shall be a member of the Senate appointed by the majority leader of the49 |
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| 73 | 73 | | Senate;50 |
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| 74 | 74 | | (4) One member shall be a member of the Senate appointed by the minority leader of the51 |
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| 75 | 75 | | Senate; and52 |
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| 76 | 76 | | (5) One member shall be appointed by the Governor.53 |
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| 77 | 77 | | (b) The director shall be a practicing attorney qualified by knowledge and experience to54 |
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| 78 | 78 | | practice in public utility proceedings. The director shall receive compensation in an55 |
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| 79 | 79 | | amount equal to the annual salary set for each district attorney in paragraph (21) of Code56 |
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| 80 | 80 | | Section 45-7-4. In addition to such compensation, the director shall also receive57 |
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| 81 | 81 | | reimbursement for his or her reasonable and necessary expenses incurred in the58 |
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| 82 | 82 | | performance of his or her duties, as provided by law for state employees. The director shall59 |
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| 83 | 83 | | not engage in the private practice of law while employed as director. The director shall,60 |
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| 84 | 84 | | by December 31 of each year, submit a written report of the annual activities and61 |
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| 85 | 85 | | expenditures of the office to the Governor, the Speaker of the House of Representatives,62 |
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| 86 | 86 | | the President of the Senate, the chairperson of the House Committee on Energy, Utilities,63 |
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| 87 | 87 | | and Telecommunications, and the chairperson of the Senate Regulated Industries and64 |
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| 88 | 88 | | Utilities Committee.65 |
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| 89 | 89 | | H. B. 617 |
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| 90 | 90 | | - 3 - 25 LC 55 0471 |
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| 91 | 91 | | 46-10-4.66 |
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| 92 | 92 | | (a) The director shall be entitled to appear, as a party or otherwise, on behalf of the67 |
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| 93 | 93 | | consumers of this state of services provided by any person, firm, or corporation subject to68 |
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| 94 | 94 | | the jurisdiction of the commission in all proceedings before the commission which may69 |
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| 95 | 95 | | involve or affect rates for service or services of utilities and in all other proceedings before70 |
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| 96 | 96 | | the commission under its regulatory jurisdiction over utilities.71 |
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| 97 | 97 | | (b) The director may also appear in the same representative capacity as provided in72 |
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| 98 | 98 | | subsection (a) of this Code section in similar administrative proceedings affecting the73 |
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| 99 | 99 | | consumers of this state before any federal administrative agency or body which has74 |
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| 100 | 100 | | regulatory jurisdiction over rates, services, and similar matters with respect to public utility75 |
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| 101 | 101 | | services provided by any public utility doing business in this state.76 |
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| 102 | 102 | | (c) The director shall be authorized in the same representative capacity as provided in77 |
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| 103 | 103 | | subsection (a) of this Code section to initiate proceedings, by complaint or otherwise,78 |
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| 104 | 104 | | before any federal or state administrative agency before which he or she is otherwise79 |
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| 105 | 105 | | authorized to appear, with respect to matters properly within the cognizance of those80 |
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| 106 | 106 | | agencies.81 |
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| 107 | 107 | | (d) The director shall be authorized in the same representative capacity as provided in82 |
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| 108 | 108 | | subsection (a) of this Code section to initiate or intervene as of right or otherwise appear83 |
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| 109 | 109 | | in any judicial proceeding involving or arising out of any action taken by an administrative84 |
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| 110 | 110 | | agency in a proceeding in which the director is authorized to appear under subsection (a),85 |
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| 111 | 111 | | (b), or (c) of this Code section.86 |
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| 112 | 112 | | 46-10-5.87 |
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| 113 | 113 | | (a) In addition to other requirements of service and notice imposed by law, a copy of any88 |
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| 114 | 114 | | application, complaint, pleading, or notice filed with or issued by the commission89 |
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| 115 | 115 | | concerning public utilities shall also be served on the director, and the director shall be90 |
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| 116 | 116 | | notified of any other correspondence or paper filed with or issued by the commission or its91 |
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| 117 | 117 | | H. B. 617 |
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| 118 | 118 | | - 4 - 25 LC 55 0471 |
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| 119 | 119 | | staff concerning public utilities. The commission shall not proceed to hear or determine92 |
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| 120 | 120 | | any petition, complaint, or proceeding in which the director is entitled to appear unless it93 |
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| 121 | 121 | | shall affirmatively appear that the director was given at least ten days' written notice94 |
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| 122 | 122 | | thereof, unless such notice is affirmatively waived in writing or the director appears and95 |
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| 123 | 123 | | specifically waives such notice.96 |
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| 124 | 124 | | (b) The director is authorized to take depositions and obtain discovery of any matter which97 |
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| 125 | 125 | | is not privileged and which is relevant to the subject matter involved in any proceeding or98 |
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| 126 | 126 | | petition before the commission in the same manner and subject to the same procedures99 |
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| 127 | 127 | | which would otherwise be applicable if such proceeding was then pending before a100 |
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| 128 | 128 | | superior court. The superior courts and the judges and clerks thereof are authorized to101 |
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| 129 | 129 | | issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out102 |
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| 130 | 130 | | this subsection.103 |
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| 131 | 131 | | 46-10-6.104 |
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| 132 | 132 | | The director is authorized to employ such assistants as he or she may need and is105 |
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| 133 | 133 | | authorized to employ or retain and fix the compensation of such consultants, expert106 |
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| 134 | 134 | | witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical107 |
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| 135 | 135 | | or clerical assistance, as may be necessary to carry out his or her duties; provided, however,108 |
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| 136 | 136 | | that no such employment shall occur nor shall any contracts for payment of fees or109 |
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| 137 | 137 | | expenses be paid for consultants, expert witnesses, accountants, engineers, attorneys,110 |
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| 138 | 138 | | investigators, stenographers, or other technical or clerical assistance unless such111 |
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| 139 | 139 | | employment or such contracts can be achieved using funds appropriated for such purposes. 112 |
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| 140 | 140 | | The office shall keep suitable and proper records of all such expenditures. The113 |
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| 141 | 141 | | compensation of the director and such staff shall be paid from state funds appropriated to114 |
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| 142 | 142 | | the commission for the purpose of carrying out the provisions of this chapter.115 |
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| 143 | 143 | | H. B. 617 |
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| 144 | 144 | | - 5 - 25 LC 55 0471 |
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| 145 | 145 | | 46-10-7.116 |
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| 146 | 146 | | Services of all engineers, experts, accountants, and other technical assistants employed by117 |
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| 147 | 147 | | the commission shall be made available to the director in the performance of his or her118 |
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| 148 | 148 | | duties. Such engineers, experts, accountants, and technical assistants shall make such119 |
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| 149 | 149 | | appraisals and audits as the director, with the approval of the commission, may request.120 |
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| 150 | 150 | | The director and his or her staff shall have access to all records, files, reports, documents,121 |
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| 151 | 151 | | and other information in the possession or custody of the commission to the same extent122 |
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| 152 | 152 | | as the members of the commission and its staff have access thereto and subject to the same123 |
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| 153 | 153 | | limitations imposed on the use thereof by the members of the commission and its staff.124 |
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| 154 | 154 | | 46-10-8.125 |
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| 155 | 155 | | This chapter shall not be construed to prevent any party interested in any proceeding or126 |
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| 156 | 156 | | action before the commission, any court, or any administrative body from appearing in127 |
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| 157 | 157 | | person or by counsel in such proceeding or action. Reserved."128 |
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| 158 | 158 | | SECTION 2.129 |
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| 159 | 159 | | All laws and parts of laws in conflict with this Act are repealed.130 |
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| 160 | 160 | | H. B. 617 |
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| 161 | 161 | | - 6 - |
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