(a) As used in this section:(1) “Continuing education period” means a period of three (3) years beginning January 1 after the calendar year in which a governing body member completes the continuing education requirements set forth in subdivision (b)(2) and each succeeding three-year period thereafter; and(2) “Governing body” means the elected or appointed body that supervises, controls, or operates a utility system.
(1) “Continuing education period” means a period of three (3) years beginning January 1 after the calendar year in which a governing body member completes the continuing education requirements set forth in subdivision (b)(2) and each succeeding three-year period thereafter; and
(2) “Governing body” means the elected or appointed body that supervises, controls, or operates a utility system.
(b) (1) All members of a governing body shall meet the continuing education requirements in this section.(2) All members of a utility system's governing body shall attend a minimum of twelve (12) hours of continuing education in one (1) or more of the subjects listed in subdivision (b)(4), within one (1) year of initial election or appointment to the utility system's governing body.(3) In each continuing education period after the initial continuing education period established in subdivision (b)(2), a governing body member shall attend a minimum of six (6) hours of continuing education in one (1) or more of the subjects listed in subdivision (b)(4).(4) The subjects for the continuing education required by this section include, but are not limited to, board governance, financial oversight, policymaking responsibilities, and other topics reasonably related to the duties of the members of a utility system's governing body.
(1) All members of a governing body shall meet the continuing education requirements in this section.
(2) All members of a utility system's governing body shall attend a minimum of twelve (12) hours of continuing education in one (1) or more of the subjects listed in subdivision (b)(4), within one (1) year of initial election or appointment to the utility system's governing body.
(3) In each continuing education period after the initial continuing education period established in subdivision (b)(2), a governing body member shall attend a minimum of six (6) hours of continuing education in one (1) or more of the subjects listed in subdivision (b)(4).
(4) The subjects for the continuing education required by this section include, but are not limited to, board governance, financial oversight, policymaking responsibilities, and other topics reasonably related to the duties of the members of a utility system's governing body.
(c) (1) For purposes of this section, a governing body member may request a continuing education extension of up to six (6) months from the comptroller of the treasury or the comptroller's designee. If the extension is granted, the governing body member must complete any additional required continuing education hours necessary to achieve full compliance for only the relevant continuing education period within the extension period. The request for an extension must be made in writing and shall only be granted upon:(A) A reasonable showing of substantial compliance with this section; or(B) Unforeseeable hardship.(2) The governing body member shall file copies of any extension request letters and corresponding comptroller of the treasury determination letters with the member's utility system, together with or supplemental to the annual written statement required by subsection (g).
(1) For purposes of this section, a governing body member may request a continuing education extension of up to six (6) months from the comptroller of the treasury or the comptroller's designee. If the extension is granted, the governing body member must complete any additional required continuing education hours necessary to achieve full compliance for only the relevant continuing education period within the extension period. The request for an extension must be made in writing and shall only be granted upon:(A) A reasonable showing of substantial compliance with this section; or(B) Unforeseeable hardship.
(A) A reasonable showing of substantial compliance with this section; or
(B) Unforeseeable hardship.
(2) The governing body member shall file copies of any extension request letters and corresponding comptroller of the treasury determination letters with the member's utility system, together with or supplemental to the annual written statement required by subsection (g).
(d) (1) The comptroller of the treasury shall offer online continuing education courses for purposes of compliance with this section.(2) Any association or organization with appropriate knowledge and experience may prepare a continuing education curriculum for governing body members covering the subjects set forth in subdivision (b)(4) to be submitted to the comptroller of the treasury for review and approval prior to use.(3) The comptroller of the treasury shall file a copy of approved continuing education curricula with the Tennessee board of utility regulation. Changes and updates to the curricula must be submitted to the comptroller of the treasury for approval prior to use. Any continuing education curriculum approved by the comptroller of the treasury must be updated every three (3) years and resubmitted to the comptroller of the treasury for review and approval.
(1) The comptroller of the treasury shall offer online continuing education courses for purposes of compliance with this section.
(2) Any association or organization with appropriate knowledge and experience may prepare a continuing education curriculum for governing body members covering the subjects set forth in subdivision (b)(4) to be submitted to the comptroller of the treasury for review and approval prior to use.
(3) The comptroller of the treasury shall file a copy of approved continuing education curricula with the Tennessee board of utility regulation. Changes and updates to the curricula must be submitted to the comptroller of the treasury for approval prior to use. Any continuing education curriculum approved by the comptroller of the treasury must be updated every three (3) years and resubmitted to the comptroller of the treasury for review and approval.
(e) (1) A person required to complete continuing education under this section may take online courses in lieu of attending continuing education courses in person. Online courses are subject to the requirements of subdivisions (d)(2)-(3).(2) The online continuing education provider shall provide a certificate of completion or attendance that must be submitted by the governing body member to the utility system, or submitted by the provider directly to the utility system. Each utility system shall keep the certificate of completion or attendance for six (6) years after the calendar year in which the certificate of completion or attendance is submitted.
(1) A person required to complete continuing education under this section may take online courses in lieu of attending continuing education courses in person. Online courses are subject to the requirements of subdivisions (d)(2)-(3).
(2) The online continuing education provider shall provide a certificate of completion or attendance that must be submitted by the governing body member to the utility system, or submitted by the provider directly to the utility system. Each utility system shall keep the certificate of completion or attendance for six (6) years after the calendar year in which the certificate of completion or attendance is submitted.
(f) The utility system shall pay the continuing education course registration and travel expenses for the continuing education required by this section for the members of the utility system's governing body. A utility system is not required to pay any costs associated with continuing education required pursuant to subsection (j).
(g) (1) By January 31 of each year, each governing body member shall file with the utility system an annual written statement on a form developed by the comptroller of the treasury that certifies the continuing education courses attended by the member during the prior calendar year.(2) The annual written statement must:(A) Identify the date of each course attended; the course's subject matter, location, and sponsor; and the hours attended for each course; and(B) Include a certificate of attendance, on a form acceptable to the comptroller of the treasury, for each course listed on the annual written statement that certifies the governing body member attended the course.(3) For years in which the governing body member did not attend continuing education courses, the governing body member shall file an annual written statement certifying that the governing body member attended no continuing education that year.(4) A utility system shall keep the annual written statements filed pursuant to subdivisions (g)(1) and (g)(3), in addition to any extension request letters and corresponding comptroller determination letters, for six (6) years following the calendar year in which the annual written statement was filed.
(1) By January 31 of each year, each governing body member shall file with the utility system an annual written statement on a form developed by the comptroller of the treasury that certifies the continuing education courses attended by the member during the prior calendar year.
(2) The annual written statement must:(A) Identify the date of each course attended; the course's subject matter, location, and sponsor; and the hours attended for each course; and(B) Include a certificate of attendance, on a form acceptable to the comptroller of the treasury, for each course listed on the annual written statement that certifies the governing body member attended the course.
(A) Identify the date of each course attended; the course's subject matter, location, and sponsor; and the hours attended for each course; and
(B) Include a certificate of attendance, on a form acceptable to the comptroller of the treasury, for each course listed on the annual written statement that certifies the governing body member attended the course.
(3) For years in which the governing body member did not attend continuing education courses, the governing body member shall file an annual written statement certifying that the governing body member attended no continuing education that year.
(4) A utility system shall keep the annual written statements filed pursuant to subdivisions (g)(1) and (g)(3), in addition to any extension request letters and corresponding comptroller determination letters, for six (6) years following the calendar year in which the annual written statement was filed.
(h) If a member of a utility system's governing body fails to meet the continuing education requirements set forth in this section before the end of the continuing education period or before the end of any extension approved by the comptroller of the treasury or the comptroller's designee, then the Tennessee board of utility regulation has full discretion to order reasonable sanctions against the utility system.
(i) (1) (A) A governing body member who fails to meet the continuing education requirements set forth in this section before the end of any continuing education period or before the end of an extension approved by the comptroller of the treasury or the comptroller's designee is not eligible to receive any payment or benefit from the utility system as a result of the governing body member's position on the utility system's governing body.(B) The Tennessee board of utility regulation may order the utility system to:(i) Take any necessary and legal action to recover funds paid to a governing body member who was ineligible to receive them; and(ii) Cease providing any payment or benefit that violates subdivision (i)(1)(A).(2) A governing body member who fails to meet the continuing education requirements set forth in this section before the end of any continuing education period or before the end of an extension approved by the comptroller of the treasury or the comptroller's designee is not eligible for reappointment or reelection to another term of office, except as described in subsection (j).(3) An existing governing body member who is nominated for reappointment under this part shall certify to the appointing authority prior to reappointment that the governing body member has complied with the continuing education requirements in this section.(4) A governing body member serving on the governing body of a utility district who is seeking reelection shall certify to the utility district prior to being placed on the ballot that the governing body member has complied with the continuing education requirements set forth in this section. This subdivision (i)(4) only applies to governing body members serving on the governing body of a utility district where the governing body is elected.(5) This subsection (i) does not apply to a governing body member of a city or county utility system that was elected by the electorate of such city or county.
(1) (A) A governing body member who fails to meet the continuing education requirements set forth in this section before the end of any continuing education period or before the end of an extension approved by the comptroller of the treasury or the comptroller's designee is not eligible to receive any payment or benefit from the utility system as a result of the governing body member's position on the utility system's governing body.(B) The Tennessee board of utility regulation may order the utility system to:(i) Take any necessary and legal action to recover funds paid to a governing body member who was ineligible to receive them; and(ii) Cease providing any payment or benefit that violates subdivision (i)(1)(A).
(A) A governing body member who fails to meet the continuing education requirements set forth in this section before the end of any continuing education period or before the end of an extension approved by the comptroller of the treasury or the comptroller's designee is not eligible to receive any payment or benefit from the utility system as a result of the governing body member's position on the utility system's governing body.
(B) The Tennessee board of utility regulation may order the utility system to:(i) Take any necessary and legal action to recover funds paid to a governing body member who was ineligible to receive them; and(ii) Cease providing any payment or benefit that violates subdivision (i)(1)(A).
(i) Take any necessary and legal action to recover funds paid to a governing body member who was ineligible to receive them; and
(ii) Cease providing any payment or benefit that violates subdivision (i)(1)(A).
(2) A governing body member who fails to meet the continuing education requirements set forth in this section before the end of any continuing education period or before the end of an extension approved by the comptroller of the treasury or the comptroller's designee is not eligible for reappointment or reelection to another term of office, except as described in subsection (j).
(3) An existing governing body member who is nominated for reappointment under this part shall certify to the appointing authority prior to reappointment that the governing body member has complied with the continuing education requirements in this section.
(4) A governing body member serving on the governing body of a utility district who is seeking reelection shall certify to the utility district prior to being placed on the ballot that the governing body member has complied with the continuing education requirements set forth in this section. This subdivision (i)(4) only applies to governing body members serving on the governing body of a utility district where the governing body is elected.
(5) This subsection (i) does not apply to a governing body member of a city or county utility system that was elected by the electorate of such city or county.
(j) (1) If a person becomes ineligible to serve on the governing body of a utility system for failing to meet the continuing education requirements or any other requirements in this section, the person may file a petition for reinstatement of the person's eligibility with the Tennessee board of utility regulation. The board shall treat the petition as an informal hearing under § 7-82-702(b)(1).(2) The petitioner cannot file a petition for reinstatement until after the completion of the term of office for which the petitioner has failed to meet continuing education requirements that caused the petitioner's ineligibility to serve.(3) (A) The board will conduct an informal hearing on the petition and may issue an order establishing the terms and conditions for the reinstatement of the petitioner's eligibility to serve.(B) The board's order:(i) Must require the petitioner to obtain twelve (12) hours of continuing education within one (1) year of the date of the order;(ii) Must include an effective date for reinstatement of eligibility, contingent upon the petitioner meeting all requirements of the order; and(iii) May include any other terms and conditions the board deems appropriate.
(1) If a person becomes ineligible to serve on the governing body of a utility system for failing to meet the continuing education requirements or any other requirements in this section, the person may file a petition for reinstatement of the person's eligibility with the Tennessee board of utility regulation. The board shall treat the petition as an informal hearing under § 7-82-702(b)(1).
(2) The petitioner cannot file a petition for reinstatement until after the completion of the term of office for which the petitioner has failed to meet continuing education requirements that caused the petitioner's ineligibility to serve.
(3) (A) The board will conduct an informal hearing on the petition and may issue an order establishing the terms and conditions for the reinstatement of the petitioner's eligibility to serve.(B) The board's order:(i) Must require the petitioner to obtain twelve (12) hours of continuing education within one (1) year of the date of the order;(ii) Must include an effective date for reinstatement of eligibility, contingent upon the petitioner meeting all requirements of the order; and(iii) May include any other terms and conditions the board deems appropriate.
(A) The board will conduct an informal hearing on the petition and may issue an order establishing the terms and conditions for the reinstatement of the petitioner's eligibility to serve.
(B) The board's order:(i) Must require the petitioner to obtain twelve (12) hours of continuing education within one (1) year of the date of the order;(ii) Must include an effective date for reinstatement of eligibility, contingent upon the petitioner meeting all requirements of the order; and(iii) May include any other terms and conditions the board deems appropriate.
(i) Must require the petitioner to obtain twelve (12) hours of continuing education within one (1) year of the date of the order;
(ii) Must include an effective date for reinstatement of eligibility, contingent upon the petitioner meeting all requirements of the order; and
(iii) May include any other terms and conditions the board deems appropriate.