34A-1-205 - Appeals Board -- Chair -- Appointment -- Compensation -- Qualifications.
34A-1-205. Appeals Board -- Chair -- Appointment -- Compensation --Qualifications.
(1) There is created the Appeals Board within the commission consisting of threemembers. The board may call and preside at adjudicative proceedings to review an order ordecision that is subject to review by the Appeals Board under this title.
(2) (a) The governor shall appoint the members with the consent of the Senate and inaccordance with this section.
(b) One member of the board shall be appointed to represent employers, in making thisappointment, the governor shall consider nominations from employer organizations.
(c) One member of the board shall be appointed to represent employees, in making thisappointment, the governor shall consider nominations from employee organizations.
(d) No more than two members may belong to the same political party.
(3) (a) The term of a member shall be six years beginning on March 1 of the year themember is appointed, except that the governor shall, at the time of appointment or reappointment,adjust the length of terms to ensure that the terms of members are staggered so that one memberis appointed every two years.
(b) The governor may remove a member only for inefficiency, neglect of duty,malfeasance or misfeasance in office, or other good and sufficient cause.
(c) A member shall hold office until a successor is appointed and has qualified.
(4) A member shall be part-time and receive compensation as provided by Title 67,Chapter 19, State Personnel Management Act.
(5) (a) The chief officer of the board shall be the chair, who shall serve as the executiveand administrative head of the board.
(b) The governor shall appoint and may remove at will the chair from the position ofchair.
(6) A majority of the board shall constitute a quorum to transact business.
(7) (a) The commission shall provide the Appeals Board necessary staff support, exceptas provided in Subsection (7)(b).
(b) At the request of the Appeals Board, the attorney general shall act as an impartial aidto the Appeals Board in outlining the facts and the issues.
Amended by Chapter 176, 2002 General Session