40-6-4. Board of Oil, Gas and Mining created -- Functions -- Appointment of
members -- Terms -- Chair -- Quorum -- Expenses.
(1) There is created within the Department of Natural Resources the Board of Oil, Gas
and Mining. The board shall be the policy making body for the Division of Oil, Gas and Mining.
(2) The board shall consist of seven members appointed by the governor with the consent
of the Senate. No more than four members shall be from the same political party. The members
shall have the following qualifications:
(a) two members knowledgeable in mining matters;
(b) two members knowledgeable in oil and gas matters;
(c) one member knowledgeable in ecological and environmental matters;
(d) one member who is a private land owner, owns a mineral or royalty interest and is
knowledgeable in those interests; and
(e) one member who is knowledgeable in geological matters.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members
expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
be appointed for the unexpired term by the governor with the consent of the Senate.
(b) The person appointed shall have the same qualifications as his predecessor.
(5) The board shall appoint its chair from the membership. Four members of the board
shall constitute a quorum for the transaction of business and the holding of hearings.
(6) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the board at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
Amended by Chapter 176, 2002 General Session
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Last revised: Wednesday, October 08, 2008