09/18/2024 10:571011:073A7D24-DF80-4238-ACE8-EF2322FD8CE324475ACONSUMER ADVOCATE475A.1Consumer advocate.1Appointment.The attorney general shall appoint the consumer advocate, who shall serve at the pleasure of the attorney general, subject to confirmation by the senate, no less frequently than once every four years, in accordance with section 2.32. The consumer advocate is the chief administrator of the consumer advocate division of the department of justice. 2Vacancy.If a vacancy occurs in the office of consumer advocate, the vacancy shall be filled in the same manner as an original appointment under the procedures of section 2.32.3Disqualification.The existence of a fact which disqualifies a person from election or acting as utilities commission member under section 474.2 disqualifies the person from appointment or acting as consumer advocate.4Political activity prohibited.The consumer advocate shall devote the advocate’s entire time to the duties of the office. During the advocate’s term of office the advocate shall not be a member of a political committee or contribute to a political campaign fund other than through the income tax checkoff for contributions to the presidential election campaign fund or take part in political campaigns or be a candidate for a political office.83 Acts, ch 127, §8, 46; 86 Acts, ch 1245, §742, 743; 2017 Acts, ch 144, §11, 14; 2023 Acts, ch 19, §2068, 2069, 2073; 2024 Acts, ch 1170, §369475A.2Duties.The consumer advocate shall:1Investigate the legality of all rates, charges, rules, regulations, and practices of all persons under the jurisdiction of the utilities commission, and institute civil proceedings before the commission or any court to correct any illegality on the part of any such person. In any such investigation, the person acting for the office of the consumer advocate shall have the power to ask the commission to issue subpoenas, compel the attendance and testimony of witnesses, and the production of papers, books, and documents, at the discretion of the commission.2Represent the interests of all consumers generally and the public generally in all proceedings before the utilities commission.3Institute as a party judicial review of any decision of the utilities commission, if the consumer advocate deems judicial review to be in the public interest.4Appear for all consumers generally and the public generally in all actions instituted in any state or federal court which involve the validity of a rule, regulation, or order of the utilities commission.5Represent the interests of all consumers generally and the public generally in proceedings before federal and state agencies and related judicial review proceedings and appeals, at the discretion of the consumer advocate.6Appear and participate as a party in the name of the office of consumer advocate in the performance of the duties of the office.83 Acts, ch 127, §92023 Acts, ch 19, §2070, 2073; 2024 Acts, ch 1170, §369475A.3Office — employees — expenses.1Office.The office of consumer advocate shall be a separate division of the department of justice and located at the same location as the utilities commission. Administrative support services may be provided to the consumer advocate division by the utilities commission.2Employees.The attorney general may employ attorneys, legal assistants, secretaries, clerks, and other employees necessary for the full and efficient discharge of the duties and responsibilities of the consumer advocate division. The consumer advocate may employ consultants as expert witnesses or technical advisors pursuant to contract as the consumer advocate finds necessary for the full and efficient discharge of the duties of the office. 3Salaries, expenses, and appropriation.The salary of the consumer advocate shall be fixed by the attorney general within the salary range set by section 8A.461. The salaries of employees of the consumer advocate shall be at rates of compensation consistent with current standards in industry. The reimbursement of expenses for the employees and the consumer advocate is as provided by law. The appropriation for the office of consumer advocate shall be a separate line item contained in the appropriation from the commerce revolving fund created in section 546.12.83 Acts, ch 127, §10, 4686 Acts, ch 1244, §5986 Acts, ch 1245, §74489 Acts, ch 158, §194 Acts, ch 1107, §792003 Acts, ch 145, §2672009 Acts, ch 181, §442023 Acts, ch 19, §2071, 2073, 2650; 2024 Acts, ch 1170, §369; 2024 Acts, ch 1182, §164, 168475A.4Utilities commission records.The consumer advocate has free access to all the files, records, and documents in the office of the utilities commission except:1Personal information in confidential personnel records of the utilities commission.2Records which represent and constitute the work product of the general counsel of the utilities commission, and records of confidential communications between utilities commission members and their general counsel, where the records relate to a proceeding before the commission in which the consumer advocate is a party or a proceeding in any state or federal court in which both the commission and the consumer advocate are parties.3Customer information of a confidential nature which could jeopardize the customer’s competitive status and is provided by the utility to the commission. Such information shall be provided to the consumer advocate by the commission, if the commission determines it to be in the public interest.83 Acts, ch 127, §1188 Acts, ch 1134, §9189 Acts, ch 158, §22023 Acts, ch 19, §2651; 2024 Acts, ch 1170, §369475A.5Service.The consumer advocate is entitled to service of all documents required by statute or rule to be served on parties in proceedings before the utilities commission and all notices, petitions, applications, complaints, answers, motions, and other pleadings filed pursuant to statute or rule with the commission.83 Acts, ch 127, §122024 Acts, ch 1170, §369475A.6Certification of expenses to utilities commission.1aThe consumer advocate shall determine the advocate’s expenses, including a reasonable allocation of general office expenses, directly attributable to the performance of the advocate’s duties involving specific persons subject to direct assessment, and shall certify the expenses to the utilities commission not less than quarterly. The expenses shall then be includable in the expenses of the commission subject to direct assessment under section 476.10.bThe consumer advocate shall annually, within ninety days after the close of each fiscal year, determine the advocate’s expenses, including a reasonable allocation of general office expenses, attributable to the performance of the advocate’s duties generally, and shall certify the expenses to the utilities commission. The expenses shall then be includable in the expenses of the commission subject to remainder assessment under section 476.10.2The consumer advocate is entitled to notice and opportunity to be heard in any utilities commission proceeding on objection to an assessment for expenses certified by the consumer advocate. Expenses assessed under this section shall not exceed the amount appropriated for the consumer advocate division of the department of justice.3The office of consumer advocate may expend additional funds, including funds for outside consultants, if those additional expenditures are actual expenses which exceed the funds budgeted for the performance of the advocate’s duties. Before the office expends or encumbers an amount in excess of the funds budgeted, the director of the department of management shall approve the expenditure or encumbrance. Before approval is given, the director of the department of management shall determine that the expenses exceed the funds budgeted by the general assembly to the office of consumer advocate and that the office does not have other funds from which such expenses can be paid. Upon approval of the director of the department of management, the office may expend and encumber funds for excess expenses. The amounts necessary to fund the excess expenses shall be collected from those utilities or persons which caused the excess expenditures, and the collections shall be treated as appropriated receipts as defined in section 8.2.83 Acts, ch 127, §13; 90 Acts, ch 1247, §10; 99 Acts, ch 20, §1, 6; 2016 Acts, ch 1011, §84; 2023 Acts, ch 19, §2652; 2024 Acts, ch 1170, §369; 2024 Acts, ch 1185, §179475A.7Consumer advisory panel.Repealed by 2024 Acts, ch 1170, §368.