58-1-201. Boards -- Appointment -- Membership -- Terms -- Vacancies -- Quorum
-- Per diem and expenses -- Chair -- Financial interest or faculty position in professional
school teaching continuing education prohibited.
(1) (a) The executive director shall appoint the members of the boards established under
this title. In appointing these members the executive director shall give consideration to
recommendations by members of the respective occupations and professions and by their
organizations.
(b) Each board shall be composed of five members, four of whom shall be licensed or
certified practitioners in good standing of the occupation or profession the board represents, and
one of whom shall be a member of the general public, unless otherwise provided under the
specific licensing chapter.
(c) The names of all persons appointed to boards shall be submitted to the governor for
confirmation or rejection. If an appointee is rejected by the governor, the executive director shall
appoint another person in the same manner as set forth in Subsection (a).
(2) (a) Except as required by Subsection (b), as terms of current board members expire,
the executive director shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the executive director 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.
(c) A board member may not serve more than two consecutive terms, and a board
member who ceases to serve on a board may not serve again on that board until after the
expiration of a two-year period beginning from that cessation of service.
(d) (i) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(ii) After filling that term, the replacement member may be appointed for only one
additional full term.
(e) If a board member fails or refuses to fulfill the responsibilities and duties of a board
member, including the attendance at board meetings, the executive director with the approval of
the board may remove the board member and replace the member in accordance with this section.
(3) A majority of the board members constitutes a quorum. A quorum is sufficient
authority for the board to act.
(4) (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.
(5) Each board shall annually designate one of its members to serve as chair for a
one-year period.
(6) A board member may not be a member of the faculty of or have any financial interest
in any vocational or professional college or school which provides continuing education to any
licensee if that continuing education is required by statute or rule.
Amended by Chapter 10, 1997 General Session
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Last revised: Thursday, May 28, 2009