1. A. In the exercise of any of its powers or duties, the board shall act with independent legal advice. The manner in which such advice is provided shall be determined by the board, but from among one of the following:

   1. (1) the office of the attorney general;
   2. (2) independent counsel hired by the board, whether full- or part-time; or
   3. (3) another state agency whose function is sufficiently distinct from the department of environment to assure independent, impartial advice.
2. B. Notwithstanding the provisions of Subsection A of this section, attorneys from the department may act for the board in lawsuits filed against or on behalf of the board, and the attorney general may, at the request of the board, file and defend lawsuits on behalf of the board.

History: 1978 Comp., § 74-1-8.1, enacted by Laws 1982, ch. 73, § 23; 1991, ch. 25, § 31; 1997, ch. 139, § 9.

ANNOTATIONS

The 1997 amendment, effective June 20, 1997, substituted "department" for "agency" in Subsection B.

The 1991 amendment, effective March 29, 1991, in Subsection A, substituted "department of environment" for "health and environment department" in Paragraph (3) and made a minor stylistic change in the second sentence.