74.025 Removal of district water commissioner -- Causes.

267 words·~1 min read·/ky/chapter-74/74-025

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)From and after the creation and establishment of a water district and the

appointment of water commissioners to manage the affairs of the district, and

following the acquisition or construction by any duly created and established water

district of a public water system, and the consequent establishment of regulatory

jurisdiction over such water district by the Public Service Commission of Kentucky,

the Public Service Commission may remove any water commissioner from his

office for good cause, including, inter alia, incompetency, neglect of duty, gross

immorality, or nonfeasance, misfeasance, or malfeasance in office, including

without limiting the generality of the foregoing, failure to comply with rules,

regulations, and orders issued by the Public Service Commission.

(2)No such order of removal with respect to any water commissioner shall be entered

by the Public Service Commission until a public hearing on the merits with

reference to such matter has been held by the commission, at which hearing the

water commissioner proposed to be removed from office shall be afforded the

opportunity to appear, either pro se, or by counsel and file briefs, memoranda and

motions, cross-examine witnesses, examine exhibits, and present evidence, both

orally and in writing. All such orders of removal entered by the Public Service

Commission shall be final and shall not be subject to appeal. Any water

commissioner may waive such public hearing, in which case an order on removal

may be forthwith entered by the commission.

(3)Using procedures of this section the Public Service Commission may also request

the removal of directors, trustees or other governing persons of water associations in

like manner.