53-9-104.Board -- Creation-- Qualifications -- Appointments -- Terms --
Immunity.
(1) There is established a Private Investigator Hearing and Licensure Board consisting of
five members appointed by the commissioner.
(2) Each member of the board shall be a citizen of the United States and a resident of this
state at the time of appointment.
(a) Two members shall be qualifying parties who are licensed as provided in this chapter.
(b) One member shall be a supervisory investigator from the commissioner's office.
(c) One member shall be a chief of police or sheriff.
(d) One member shall be a public member who shall not have a financial interest in a
private investigative agency and shall not have an immediate family member or a household
member or friend who is licensed or registered under this chapter.
(3) (a) Each member of the board shall serve four-year staggered terms beginning and
ending on January 1.
(b) Notwithstanding the term requirements of Subsection (3)(a), the commissioner may
adjust the length of terms to ensure the terms of board members are staggered so that
approximately one member of the board is appointed every year.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) At its first meeting every year, the board shall elect a chair, vice chair, and secretary
from its membership.
(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.
(7) A member shall not serve more than one term, except that a member appointed to fill
a vacancy or appointed for an initial term of less than four years may be reappointed for one full
term.
(8) The commissioner, after a board hearing and recommendation, may remove any
member of the board for misconduct, incompetency, or neglect of duty.
(9) Members of the board are immune from suit with respect to all acts done and actions
taken in good faith in furtherance of the purposes of this chapter.
Amended by Chapter 212, 1998 General Session
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