65-1-101 - Creation Directors Appointments Vacancies Term of office.
65-1-101. Creation Directors Appointments Vacancies Term of office.
(a) There is created the Tennessee regulatory authority consisting of four (4) directors. The directors shall be appointed as follows: one (1) shall be appointed by the governor, one (1) shall be appointed by the speaker of the senate, one (1) shall be appointed by the speaker of the house of representatives, and one (1) director shall be appointed by joint agreement among the governor, the speaker of the senate and the speaker of the house of representatives. In making the appointments pursuant to this subsection (a), the governor, the speaker of the senate and the speaker of the house of representatives shall strive to ensure that the Tennessee regulatory authority is composed of directors who are diverse in professional or educational background, ethnicity, geographic residency, heritage, perspective and experience.
(b) The directors of the authority shall be state officers and shall serve for six-year terms, except as provided in subsection (g).
(c) Every March 1 prior to the expiration of the terms of office of the directors thereafter, the governor, the speaker of the senate, and the speaker of the house of representatives shall each appoint one (1) director of the authority, and they shall jointly appoint one (1) director of the authority.
(d) All appointments of the directors shall be confirmed by joint resolution adopted by each house of the general assembly prior to the commencement of the term of office to which such director is appointed. However, the initial appointment of the director which is made by the joint agreement of all the appointing authorities shall not require confirmation by joint resolution during the session of the general assembly in which such director is appointed and such director shall serve without confirmation unless such appointment is rejected by joint resolution of the general assembly within thirty (30) days after the general assembly convenes following such appointment. Thereafter, all directors shall be confirmed by joint resolution adopted by each house of the general assembly prior to the commencement of the term of office to which such director is appointed.
(e) Any vacancy on the authority shall be filled by the original appointing authority for such position to serve the unexpired term and such appointments shall be confirmed in the same manner as the original appointment. However, if the general assembly is not in session and a vacancy occurs, the appropriate appointing authority shall fill such vacancy by appointment and the appointee to such vacancy shall serve the unexpired term unless such appointment is not confirmed within thirty (30) days after the general assembly convenes following the appointment to fill such vacancy.
(f) The term of office of each director shall commence on July 1, following such director's appointment.
(g) In order to stagger the terms of directors, the terms of directors appointed during 2008 to commence terms of office on July 1, 2008, shall expire as follows:
(1) The term of the director appointed by the governor and the term of the director appointed by the joint agreement of all the appointing authorities shall expire on June 30, 2011.
(2) The term of the directors appointed by the speaker of the house of representatives and the speaker of the senate shall expire on June 30, 2014.
(3) Thereafter, all members shall serve six-year terms.
[Acts 1995, ch. 305, §§ 4, 5; 2002, ch. 826, § 3; T.C.A. § 65-1-201.]