Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.1 - ORGANIZATIONAL RULE › Subchapter 38.1.1 - N/A › Rule 38.1.101 - ORGANIZATIONAL RULE

Current through Register Vol. 13, July 5, 2024
(1) The
				organization, functions, and duties of the Department of Public Service
				Regulation, and its commission, divisions, and primary work units are described
				in this rule.
(a) History. Public utility
				regulation got its start in Montana in 1907 with the creation of a three-member
				Board of Railroad Commissioners. In 1913, the Montana Legislature created the
				Public Service Commission vesting it with the authority to supervise, control,
				and regulate public utilities in the public interest. In 1971, the legislature
				created the Department of Public Service Regulation pursuant to
				2-15-2601,
				MCA, and set the Public Service Commission as the department head. In 1974, the
				legislature expanded the commission from three members elected statewide to
				five members elected from regional districts. Over time, the commission has
				retained limited regulatory responsibilities for railroad safety and received
				varying degrees of new regulatory responsibilities over privately owned
				monopolistic industries including electric, natural gas, water, sewer, and
				telephone utilities, along with some types of motor carriers and intra-state
				natural gas pipelines.
(b) The
				Public Service Commission. The Public Service Commission (commission) is the
				department head. The commission is a deliberative, quasi-judicial body
				comprised of five elected commissioners. The commission is responsible for the
				direction and general administration of the department and, pursuant to Title
				69 Montana Code Annotated (MCA), the supervision and regulation of the
				operations of certain public utilities, common carriers, railroads, and other
				regulated industries. Administratively, the commission is responsible for
				selecting and directing department management and approving the department's
				strategic plan, policies, initiatives, and budgets. The commission is supported
				by a professional staff that provides expert legal, regulatory, public policy,
				consumer assistance, communications, and operational support.
(c) Commissioners. Each commissioner resides
				within a unique geographic district and is elected by the people of the
				district pursuant to
				69-1-103,
				MCA. All commissioners are vested with fiduciary obligations to the department
				and bound by the oath of office pursuant to Article 3, part 3 of the Montana
				Constitution. Commissioners may be assigned to chair committees or commission
				proceedings, serve on boards and committees, and lead or assist with the
				department's special projects. Commissioners regularly receive staff reports
				and recommendations, and confer with staff to obtain relevant information prior
				to commission deliberations. Individual commissioners confer with the executive
				director regarding internal operations matters and work through division
				administrators on other matters within the jurisdiction of the
				commission.
(d) Department
				management. Department management includes the commission officers, executive
				director, chief legal counsel, chief regulator, business manager, commission
				secretary, and external affairs manager. Department management are responsible
				for leadership, supervision, productivity, and quality control within assigned
				areas of operation. Management cooperates agency-wide to support commission
				functions and carry out the department's statutory responsibilities in
				accordance with the acts, policies, and directions of the commission.
(i) Management - Officers of the Commission.
				The officers of the commission are the president, who is the presiding officer
				pursuant to
				69-1-107,
				MCA, and the vice president. The officers are selected by the commission from
				its membership at the commission's first business meeting of each year after a
				general election. If an officer ceases to be a member of the commission, or
				otherwise vacates an officer position, the commission shall select a
				replacement officer within ten days at a business meeting publicly noticed for
				that purpose.
(A) President. The president
				has authority for the general supervision of the department and acts as the
				agency head on behalf of the commission in all administrative matters not
				otherwise delegated by law, administrative rule, policy, or an act of the
				commission. The president is the designated spokesperson for the commission and
				is responsible for the preservation of order and decorum. The president has the
				power to preside over the commission's meetings; approve department calendars,
				agendas, and expenditures; and designate commissioners and staff for special
				assignments. The president directly supervises the executive director and
				confers with and guides management. The president performs other duties
				prescribed by applicable law, rule, policy, and acts of the commission. The
				president reports to the commission.
(B) Vice President. The vice president
				assumes the duties of president when the president is unavailable, except when
				the president or the commission otherwise delegates the duty. The vice
				president supports and assists the president, and performs other duties
				prescribed by applicable law, rule, policy, and acts of the commission. The
				vice president reports to the president.
(ii) Management - Staff. Staff management are
				appointed by and serve at the pleasure of the commission. These positions are:
(A) Executive Director. The executive
				director is the chief administrative officer of the department and the
				administrator of the Centralized Services Division. The executive director
				supervises management staff and acts as the department's chief of staff
				responsible for the performance of all staff across all divisions. The
				executive director advises the commission regarding internal matters and
				reports to the president.
(B) Chief
				Legal Counsel. The chief legal counsel is the administrator of the Legal
				Division and acts as the commission's general counsel. The chief legal counsel
				advises the commission regarding legal matters and reports to the executive
				director regarding internal matters.
(C) Chief Regulator. The chief regulator is
				the administrator of the Regulatory Division. The chief regulator advises the
				commission regarding regulatory matters and reports to the executive director
				regarding internal matters.
(D)
				Business Manager. The business manager is responsible for managing the
				department's human resources, financial activity, inventory, and facilities.
				The business manager advises the commission regarding these matters and reports
				to the executive director.
(E)
				Commission Secretary. The commission secretary is responsible for
				administrative support to the commission and manages the department's reception
				services, technology, office equipment, and records retention. The commission
				secretary advises the commission regarding these matters and reports to the
				executive director.
(F) External
				Affairs Manager. The external affairs manager manages the department's public
				policy, communications, public relations, and Consumer Assistance Program. The
				external affairs manager advises the commission regarding these matters and
				reports to the executive director.
(e) Divisions. The department staff is
				organized into three divisions. All divisions cooperate and assist one another
				to fulfill the department's operational and statutory requirements in
				accordance with the acts, policies, and directions of the commission. The
				department's divisions are:
(i) Legal
				Division;
(ii) Centralized
				Services Division; and
(iii)
				Regulatory Division.