32A-1-106. Alcoholic Beverage Control Commission -- Membership -- Oaths and
bond -- Per diem -- Offices -- Removal -- Meetings.
(1) The Alcoholic Beverage Control Commission shall act as a governing board over the
Department of Alcoholic Beverage Control.
(2) (a) The commission is composed of five part-time commissioners appointed by the
governor with the consent of the Senate.
(b) No more than three commissioners may be of the same political party.
(3) (a) Except as required by Subsection (3)(b), as terms of current commissioners
expire, the governor shall appoint each new commissioner or reappointed commissioner 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 no more
than two commissioners expire in a fiscal year.
(4) When a vacancy occurs in the commission for any reason, the replacement shall be
appointed for the unexpired term with the consent of the Senate.
(5) Each commissioner shall qualify by taking the oath of office and by giving bond to
the state for faithful performance of duties in an amount determined by the Division of Finance,
and in a form approved by the attorney general. The bond premium shall be paid by the state.
(6) (a) A commissioner may not receive compensation or benefits for the commissioner's
services, but may receive per diem and expenses incurred in the performance of the
commissioner's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(b) A commissioner may decline to receive per diem and expenses for the
commissioner's service.
(7) (a) The commission shall elect one of its members to serve as chair, another to serve
as vice chair, and other commission officers as it considers advisable, all of whom shall serve at
the pleasure of the commission.
(b) All commissioners on the commission have equal voting rights on all commission
matters when in attendance at a commission meeting.
(c) Three commissioners of the commission is a quorum for conducting commission
business.
(d) A majority vote of the quorum present is required for any action to be taken by the
commission.
(8) (a) (i) The governor may remove any commissioner from office for cause after a
public hearing conducted by the governor or by an impartial hearing examiner appointed by the
governor to conduct the hearing.
(ii) The commissioner shall receive written notice of the date, time, and place of the
hearing along with the alleged grounds for the removal at least ten days before the hearing. The
commissioner shall have the opportunity to attend the hearing, present witnesses and other
evidence, and confront and cross examine witnesses.
(b) Following the hearing, written findings of fact and conclusions of law shall be
prepared by the person conducting the hearing and a copy served upon the commissioner. If the
hearing is before a hearing examiner, the hearing examiner shall also issue a written
recommendation to the governor.
(c) The commissioner shall have five days to file written objections to the
recommendation before the governor issues a final order. The governor's order shall be in
writing and served upon the commissioner.
(9) (a) The commission shall meet at least monthly, but may hold other meetings at times
and places as scheduled by the commission, by the chair, or by any three commissioners upon
filing a written request for a meeting with the chair.
(b) Notice of the time and place of each commission meeting shall be given to each
commissioner, and to the public in compliance with Title 52, Chapter 4, Open and Public
Meetings Act. All commission meetings shall be open to the public, except those meetings or
portions of meetings that are closed by the commission as authorized by Sections 52-4-204 and
52-4-205.
Amended by Chapter 284, 2007 General Session
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Last revised: Thursday, May 28, 2009