24-1101 - Freshwater wetlands appeals board.

§ 24-1101. Freshwater wetlands appeals board.    1.  There  is hereby created in the department an appeals board, to be  known as the freshwater wetlands  appeals  board,  hereinafter  in  this  article referred to as the board, consisting of five members.    2.  Four  members of such board shall be appointed by the governor for  terms of two years; and one member shall be appointed  by  the  governor  for  a  term  of  three years, by and with the advice and consent of the  senate, who shall be the chairman of such board and serve as  its  chief  executive  officer.  No  member of the board shall be an employee of the  state or any political subdivision thereof. The chairman  of  the  board  shall  have  the  power  and  the  duty  to  (i)  promote  the efficient  transaction of the business of the board; (ii)  appoint  such  employees  and  agents  as he may deem necessary, fix their compensation within the  limitations provided by law, and prescribe their duties;  (iii)  prepare  an  annual  operating  budget  to  be  submitted to the commissioner for  inclusion in the department's annual budget request; and (iv) enter into  contracts, within the limits of such operating budget, for the  purposes  of carrying out the provisions of this title. Each member shall continue  to  hold  office until his successor is appointed or designated and duly  qualified. A member chosen to fill a vacancy created otherwise  than  by  expiration  of  a term shall be designated or appointed, as the case may  be, for the unexpired term of the member whom he is to succeed.    3. Appeals shall be heard by one member of the board  in  one  of  the  counties  wherein  the  freshwater  wetlands affected by such appeal are  located and a majority vote of the members of the entire board shall  be  necessary for a determination of such appeal.    4. The chairman of the board and two other members shall be attorneys,  admitted to practice before the supreme court. Each member of the board,  including  the  chairman,  shall  be reimbursed for actual and necessary  expenses incurred  in  the  performance  of  his  duties  and  shall  be  compensated  for  his  services at the rate of two hundred fifty dollars  per day, provided, however, that the aggregate compensation for any  one  year  of service for a member, other than the chairman, shall not exceed  fifteen thousand dollars. The aggregate compensation  for  the  chairman  for  any  year  of  service  shall not exceed twenty thousand dollars. A  member may be removed by the governor for inefficiency, neglect of duty,  misconduct or  malfeasance  in  office,  after  being  given  a  written  statement of the charges and an opportunity to be heard thereon.