74.455 Removal of district water commissioner -- Causes. - Kentucky Statutes

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74.455 Removal of district water commissioner -- Causes. (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. History: Created 1972 Ky. Acts ch. 310, sec. 3.