Ind. Code ch. 8-1-1

Ind. Code ch. 8-1-1
in effect

Ind. Code § 8-1-1-1 "Commission" defined; references to public service commission

Sec. 1. (a) As used in this article, "commission" refers to the Indiana utility regulatory commission. (b) After June 30, 1987, any reference to the public service commission of Indiana shall be construed as a reference to the commission. Formerly: Acts 1941, c.101, s.1. As amended by P.L.59-1984, SEC.1; P.L.23-1988, SEC.12; P.L.220-2011, SEC.183.

Ind. Code § 8-1-1-2 Creation of commission; membership; term of office; chairman

Sec. 2. (a) There is created the Indiana utility regulatory commission which shall consist of five (5) members, at least one (1) of whom shall be an attorney qualified to practice law before the supreme court of Indiana and not more than three (3) of whom belong to the same political party. (b) The members of the commission and all vacancies occurring on the commission shall be appointed by the governor from among persons nominated by the nominating committee in accordance with IC 8-1-1.5. (c) The members may be removed at any time by the governor for cause. (d) The governor shall appoint one (1) member as chairman. (e) The members of the commission shall be appointed for a term of four (4) years, except when a member is appointed to fill a vacancy, in which case such appointment shall be for such unexpired term only. All members of said commission shall serve as such until their successors are duly appointed and qualified, and while so serving shall devote full time to the duties of the commission and shall not be actively engaged in any other occupation, profession, or business that constitutes a conflict of interest or otherwise interferes with carrying out their duties as commissioners. (f) A member of the commission or any person appointed to any position or employed in any capacity to serve the commission, may not have any official or professional relationship or connection with, or hold any stock or securities or have any pecuniary interest in any public utility operating in Indiana. (g) Each member appointed to the Indiana utility regulatory commission shall take and subscribe to an oath in writing that the member will faithfully perform the duties of the member's office, and support and defend to the best of the member's ability the Constitution and laws of the state of Indiana and of the United States of America, and such oath shall be filed with the secretary of state. (h) The chairman of the commission shall assign cases to the various members of the commission or to administrative law judges for hearings. Formerly: Acts 1941, c.101, s.2; Acts 1945, c.46, s.1; Acts 1963, c.326, s.1. As amended by Acts 1981, P.L.104, SEC.1; P.L.43-1983, SEC.3; P.L.113-1987, SEC.1; P.L.78-1988, SEC.1; P.L.136-2018, SEC.42.

Ind. Code § 8-1-1-3 Organization of commission; administrative law judges; investigation and hearing; bond; powers and duties

Sec. 3. (a) The members of the commission shall meet and organize the commission. The commission may, subject to the approval of the governor, appoint a secretary of the commission. (b) The salaries of the members and secretary of the commission shall be fixed by the governor, subject to the approval of the budget agency; however, the salaries of the chairman and the members shall not be less than the following annual minimum amounts: (1) For the chairman, sixty-five thousand dollars ($65,000). (2) For the members, sixty thousand dollars ($60,000) each. (c) The commission may appoint one (1) or more administrative law judges who shall be responsible to and serve at the will and pleasure of the commission. While serving, the administrative law judges shall devote full time to the duties of the commission and shall not be actively engaged in any other occupation, profession, or business that constitutes a conflict of interest or otherwise interferes with carrying out their duties as administrative law judges. The salary of each administrative law judge shall be fixed by the commission subject to the approval of the budget agency but may not be less than the following annual amounts: (1) For the chief administrative law judge, forty-five thousand dollars ($45,000). (2) For all other administrative law judges, forty thousand dollars ($40,000). (d) A majority of the commission members shall constitute a quorum. (e) On order of the commission any one (1) member of the commission, or an administrative law judge, may conduct a hearing or an investigation, and take evidence in the hearing or investigation, and report on the hearing or investigation to the commission for the commission's consideration and action; however, a hearing concerning a request for a general increase in the basic rates and charges of a utility in an amount exceeding twenty million dollars ($20,000,000) may only be conducted by one (1) or more commission members. (f) Each member of the commission shall give bond in the sum of ten thousand dollars ($10,000) for the faithful performance of the member's duties. Such bond shall be filed with the secretary of state. (g) The commission shall formulate rules necessary or appropriate to carry out this chapter, and shall perform the duties imposed by law upon it. (h) The commission may: (1) employ, with the approval of the governor and the state budget agency, sufficient professional staff, including specialists, technicians, and analysts, who are exempt from the job classifications and compensation schedules established under IC 4-15; and (2) purchase, lease, or otherwise acquire for the commission's internal use sufficient technical equipment necessary for the commission to carry out its statutory duties. Formerly: Acts 1941, c.101, s.3; Acts 1943, c.211, s.1; Acts 1963, c.326, s.2. As amended by Acts 1979, P.L.84, SEC.1; P.L.43-1983, SEC.4; P.L.23-1988, SEC.13; P.L.92-1993, SEC.1; P.L.136-2018, SEC.43.

Ind. Code § 8-1-1-4 Repealed

Formerly: Acts 1941, c.101, s.4; Acts 1945, c.46, s.2; Acts 1959, c.370, s.1; Acts 1974, P.L.27, SEC.1. As amended by Acts 1977, P.L.98, SEC.1. Repealed by Acts 1981, P.L.104, SEC.7.

Ind. Code § 8-1-1-4.1 Payment of expenses

Sec. 4.1. Any expense incurred by the commission, either upon complaint against any public utility, or upon petition of any public utility shall be charged and paid in the manner provided in IC 8-1-2-70 or IC 8-1-6, whichever is appropriate under the circumstances. As added by Acts 1981, P.L.104, SEC.2.

Ind. Code § 8-1-1-5 Impartiality of commission; evidence; record; utility consumer counselor; ex parte communications; executive sessions; violations

Sec. 5. (a) The commission shall in all controversial proceedings heard by it be an impartial fact-finding body and shall make its orders in such cases upon the facts impartially found by it. The commission shall in no such proceeding, during the hearing, act in the role either of a proponent or opponent on any issue to be decided by it. All evidence given in any such proceeding shall be offered on behalf of the respective parties to, or appearing in, the proceeding and not in the name or behalf of the commission itself. (b) Any report, audit, examination, or analysis prepared by the commission staff at the request or direction of the commission may be made a part of the record of the proceeding, subject to cross-examination by any party of the person who performed or directed the preparation of the report, audit, examination, or analysis. (c) If in any such proceeding the public interest is not otherwise adequately represented by counsel, in the opinion of the commission, it shall be the duty of the utility consumer counselor, if requested by the commission, to make adequate preparation for the presentation of the interests of the public in such proceeding and the utility consumer counselor shall at the hearing represent the public interests therein involved. (d) However, nothing in this section prevents the commission from instituting, prosecuting, hearing, or determining any investigation or proceeding which it is authorized to do, or make, on its own motion by any law with the administration of which it is charged. (e) Except as otherwise provided in this chapter, no member or employee of the commission assigned to make findings of fact and conclusions of law in a formally docketed evidentiary proceeding may communicate in connection with any issue of fact or law disputed in that proceeding with any party or any party's representative, except on notice and with opportunity for all parties to participate. (f) In addition to holding an executive session in the instances described in IC 5-14-1.5-6.1(b), the commission may hold an executive session to deliberate on a proposed order if all the following are satisfied: (1) All evidence on the matter has been received by the commission. (2) The deliberations are preparatory to taking final action on an order subject to judicial review. (3) Only the following are permitted to participate in the executive session: (A) Commission members. (B) Commission employees who are formally assigned to advise or assist in preparing the order, including the commission's technical staff and attorneys. IC 5-14-1.5-5, IC 5-14-1.5-6.1, and IC 5-14-1.5-7 apply to an executive session held under this subsection. (g) A person who violates this section commits a Class C infraction. Formerly: Acts 1941, c.101, s.5. As amended by Acts 1978, P.L.55, SEC.1; P.L.43-1983, SEC.5; P.L.23-1988, SEC.14; P.L.30-2006, SEC.1.

Ind. Code § 8-1-1-7 Survival, actions, or appeals pending before abolished commission

Sec. 7. Where in any statute or rule provision is made for an appeal from, or action against, the public service commission, or an appeal from, or action against, the public service commission of Indiana, such appeals or actions may be taken from or brought against the Indiana utility regulatory commission. Wherever in any statute or rule in force after July 1, 1987, there appears in any provision the name "public service commission" or the name "public service commission of Indiana" the name "Indiana utility regulatory commission" is in each case substituted in its place. Formerly: Acts 1941, c.101, s.7. As amended by P.L.59-1984, SEC.2; P.L.113-1987, SEC.2; P.L.23-1988, SEC.15.

Ind. Code § 8-1-1-8 Hearings; publication of notice

Sec. 8. (a) Notwithstanding any other statute relative to the publication of notice of hearings to be held by the utility regulatory commission, publication of notice of hearings to be held by the commission shall be made only in accordance with this chapter. (b) Whenever the utility regulatory commission orders a hearing in any proceeding instituted by or against any public utility, notice of the hearing shall be given by one (1) publication appearing not less than ten (10) days prior to the date fixed for the hearing in two (2) newspapers of general circulation published in one (1) county wherein reside patrons or customers of the public utility who might be affected by an order made by the commission pursuant to the hearing. If two (2) newspapers of general circulation are not published in the county, then one (1) publication appearing not less than ten (10) days prior to the date fixed for the hearing in one (1) newspaper of general circulation published in the county shall be sufficient. If no newspaper of general circulation is published in the county, then the commission shall cause notice of the hearing to be given by one (1) publication appearing not less than ten (10) days prior to the date fixed for the hearing in two (2) newspapers of general circulation published in a county adjoining the county wherein reside patrons or customers of the public utility who might be affected by the order. If any newspaper of general circulation in which the commission publishes a notice as prescribed by this subsection does not publish a print edition at least three (3) times a week, the commission may cause the notice to be published in either: (1) the print edition; or (2) an electronic edition (as defined in IC 5-3-1-0.1); of the newspaper or a locality newspaper (as defined in IC 5-3-1-0.2) that circulates within the county. (c) Whenever the department of state revenue orders a hearing in any proceeding instituted by or against a motor vehicle carrier, notice of such hearing shall be given by one (1) publication appearing not less than ten (10) days prior to the date fixed for such hearing in two (2) newspapers of general circulation published in the county where such motor vehicle carrier has its principal office or place of business. If two (2) newspapers of general circulation are not published in such county, then one (1) publication appearing not less than ten (10) days prior to the date fixed for such hearing in one (1) newspaper of general circulation published in such county shall be sufficient. If no newspaper of general circulation is published in the county, the department of state revenue shall cause notice of such hearing to be given by one (1) publication appearing not less than ten (10) days prior to the date fixed for such hearing in two (2) newspapers of general circulation published in a county adjoining the county where such motor vehicle carrier has its principal office or place of business. If the motor vehicle carrier has no office or place of business in Indiana, then such notice shall be given by one (1) publication appearing not less than ten (10) days prior to the date fixed for the hearing in two (2) newspapers of general circulation published in Marion County. (d) In addition to the published notice, the commission shall mail notice of the hearing and notice of the filing of applications or proceedings to persons, firms, limited liability companies, or corporations having competitive interests involved and to the representatives of any city or town affected by the hearing, application, or proceeding. Failure to mail the notices shall not be deemed to be jurisdictional, but may be ground for rehearing. Formerly: Acts 1941, c.101, s.8; Acts 1943, c.244, s.1. As amended by P.L.59-1984, SEC.3; P.L.384-1987(ss), SEC.1; P.L.99-1989, SEC.2; P.L.8-1993, SEC.104; P.L.9-2025, SEC.3.

Ind. Code § 8-1-1-8.1 Duty of commission to provide live transmission of certain proceedings; policy governing live transmission of commission proceedings

Sec. 8.1. (a) As used in this section, "commission proceeding" means a hearing for which notice is provided under section 8 of this chapter. (b) The commission shall provide on a publicly accessible platform of the commission's choice a live transmission of any commission proceeding that will include: (1) an examination of witnesses; (2) a nonprocedural discussion between one (1) or more parties to the commission proceeding; (3) questions from one (1) or more of the commissioners regarding the substance of the case; or (4) a contested procedural matter. (c) The commission shall issue a general administrative order to implement a policy that governs the live transmission of commission proceedings and that includes the following: (1) For a commission proceeding that the commission determines is not subject to live transmission under subsection (b), a process by which members of the public may request the live transmission of the commission proceeding. (2) For any commission proceeding for which the commission will provide a live transmission, whether under subsection (b) or upon a request made under subdivision (1), the following: (A) A process by which members of the public may access the live transmission of the commission proceeding. (B) A process for: (i) archiving the live transmission of the commission proceeding; and (ii) members of the public to access or request the archived live transmission of the commission proceeding. As added by P.L.68-2024, SEC.2.

Ind. Code § 8-1-1-9 Suggested orders; filing exceptions

Sec. 9. In every case where any law to be administered by the commission created by this chapter provides that a party to a proceeding before the commission shall have a time in which to file written exceptions to a suggested order before the same may become the final order of the commission, it shall be the duty of the commission to promptly mail to each party having such right a copy of such suggested order, and the time for filing such exceptions as provided by law shall in each case commence to run on the day of mailing of such copy of such suggested order. Formerly: Acts 1941, c.101, s.9. As amended by P.L.59-1984, SEC.4.

Ind. Code § 8-1-1-10 Survival, actions, or proceedings pending before former commission

Sec. 10. Section 7 of this chapter shall not affect actions on or proceedings pending on June 30, 1987, brought by or against the people of the state of Indiana or the public service commission of Indiana or by any other person, firm, or corporation, under the provisions of the statutes establishing or conferring power upon the public service commission of Indiana, but the same may be prosecuted and defended with the same effect as though the name of the commission had not been changed, except the same shall be continued and carried on by the Indiana utility regulatory commission. Formerly: Acts 1941, c.101, s.10. As amended by P.L.59-1984, SEC.5; P.L.23-1988, SEC.16.

Ind. Code § 8-1-1-11 Staff of commission

Sec. 11. The commission is authorized to employ such counsel or attorneys, engineers, administrative law judges, experts, clerks, accountants and other assistants as it may deem necessary, at such rates of compensation as it may determine upon, subject, however, to the approval of the governor. Formerly: Acts 1941, c.101, s.11; Acts 1945, c.46, s.3. As amended by Acts 1979, P.L.84, SEC.2.

Ind. Code § 8-1-1-12 Repealed

Formerly: Acts 1941, c.101, s.12. As amended by P.L.59-1984, SEC.6; P.L.23-1988, SEC.17. Repealed by P.L.99-1989, SEC.37 and P.L.3-1989, SEC.44.

Ind. Code § 8-1-1-13 Repealed

Formerly: Acts 1941, c.101, s.13. As amended by P.L.59-1984, SEC.7. Repealed by P.L.4-1988, SEC.7.

Ind. Code § 8-1-1-14 Annual report

Sec. 14. (a) As used in this section, "committee" refers to the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4(8). (b) The chairman of the commission shall prepare an annual report and file it with the governor and the chairman of the legislative council before October 1 of each year. The commission shall present the annual report to the committee before October 1 of each year. A report filed under this subsection with the chairman of the legislative council must be in an electronic format under IC 5-14-6. The chairman shall include in the annual report information for the fiscal year ending June 30 of the year in which the report is due. (c) The annual report required under subsection (b) must include the following: (1) An update on the operations of the commission, including the following: (A) Statistics relevant to the workload and operations of the commission. (B) A statement of the commission's revenues by source and expenditures by purpose. (C) A description of the commission's goals, legal responsibilities, and accomplishments. (D) Comments on the state of the commission and the various kinds of utilities that it regulates. (E) Any other matters that the commission wishes to bring to the attention of the governor and the general assembly. (2) Information concerning changes or emerging trends in the energy utility industry, and the effects of those changes or trends on service and on the pricing of all energy utility services under the jurisdiction of the commission. The information reported under this subdivision must include the following: (A) The effects of competition or changes in the energy utility industry, including the impact on customer rates. (B) The status of modernization of the energy utility facilities in Indiana and the incentives in place to further enhance this infrastructure. (C) The effects on economic development of the modernization described in clause (B). (D) Changes in Indiana's electricity generation mix. (E) Any other energy utility matters the commission considers appropriate. (3) Information concerning changes or emerging trends in the water and wastewater utility industries, and the effects of those changes or trends on service and on the pricing of all water and wastewater utility services under the jurisdiction of the commission. The information reported under this subdivision must include the following: (A) The effects of changes in the water and wastewater utility industries, including the impact on customer rates. (B) The status of water and wastewater utility infrastructure in Indiana and the incentives in place to further enhance this infrastructure. (C) An update on: (i) acquisitions under IC 8-1-30.3; (ii) consolidations; (iii) regionalization; and (iv) service territory disputes; involving water and wastewater utilities. (D) The nature and extent of the jurisdiction of the commission and other state agencies over various types of water and wastewater utilities. (E) Any other water or wastewater utility matters the commission considers appropriate. (4) Information concerning the communications services industry, including the following: (A) The type and availability of communications service provided to Indiana customers, including the provision of video service (as defined in IC 8-1-34-14). (B) Details on the status of the Indiana universal service fund. (C) The status of eligible telecommunications carriers for purposes of receiving: (i) Lifeline reimbursement from the federal universal service fund; (ii) support to serve rural and high cost areas; and (iii) other monetary support from the federal universal service fund; through the administrator designated by the Federal Communications Commission. (D) A summary of the video franchise fee reports submitted under IC 8-1-34-24.5. (E) Any other matters concerning the communications services industry the commission considers appropriate. (5) Information concerning Indiana's pipeline safety program, including the following: (A) An update on the activities of the commission's pipeline safety division established by IC 8-1-22.5-2. (B) An update on activities under IC 8-1-26. (C) An update on the underground plant protection account established by IC 8-1-26-24. (D) Any other matters concerning pipeline safety the commission considers appropriate. As added by P.L.33-1988, SEC.2. Amended by P.L.28-2004, SEC.69; P.L.71-2022, SEC.1.

Ind. Code § 8-1-1-15 Implementing rules; duration

Sec. 15. A rule that the commission adopts under section 3(g) of this chapter that is necessary to implement a state or federal statute, rule, or regulation is void sixty-one (61) days after the expiration of that statute, rule, or regulation, unless the commission makes a written finding prior to the sixty-first day that it is necessary to retain the rule. As added by P.L.37-1989, SEC.2.

Ind. Code § 8-1-1-16 Commission to consider effect of governmental requirements upon utility's operational expenses

Sec. 16. (a) As used in this section, "commission" refers to the Indiana utility regulatory commission created by section 2 of this chapter. (b) As used in this section, "governmental requirement" means a requirement imposed on a utility by a governmental unit in connection with: (1) the federal Clean Water Act (33 U.S.C. 1251 et seq.); (2) the federal Safe Drinking Water Act (42 U.S.C. 300f et seq.); or (3) any other law, order, rule, or regulation administered or issued by the United States Environmental Protection Agency, the department of environmental management, or the department of natural resources in connection with the federal Clean Water Act or the federal Safe Drinking Water Act. (c) As used in this section, "utility" means: (1) a public utility (as defined in IC 8-1-2-1(a)); (2) a municipally owned utility (as defined in IC 8-1-2-1(h)); or (3) a not-for-profit utility (as defined in IC 8-1-2-125(a)); that provides water or wastewater service to the public and is under the jurisdiction of the commission for the approval of rates and charges. (d) In its deliberations in a general rate case of a utility, the commission shall consider governmental requirements and their effect upon the utility's operational expenses. As added by P.L.233-2017, SEC.8.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/8Fetched: 10/17/2026

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