40-6-4 - Board of Oil, Gas, and Mining created -- Functions -- Appointment of members -- Terms -- Chair -- Quorum -- Expenses.
40-6-4. Board of Oil, Gas, and Mining created -- Functions -- Appointment ofmembers -- Terms -- Chair -- Quorum -- Expenses.
(1) There is created within the Department of Natural Resources the Board of Oil, Gas,and Mining. The board shall be the policy making body for the Division of Oil, Gas, andMining.
(2) The board shall consist of seven members appointed by the governor with the consentof the Senate. No more than four members shall be from the same political party. In addition tothe requirements of Section 79-2-203, the members shall have the following qualifications:
(a) two members knowledgeable in mining matters;
(b) two members knowledgeable in oil and gas matters;
(c) one member knowledgeable in ecological and environmental matters;
(d) one member who is a private land owner, owns a mineral or royalty interest and isknowledgeable in those interests; and
(e) one member who is knowledgeable in geological matters.
(3) (a) Except as required by Subsection (3)(b), as terms of current board membersexpire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the timeof appointment or reappointment, adjust the length of terms to ensure that the terms of boardmembers are staggered so that approximately half of the board is appointed every two years.
(4) (a) When a vacancy occurs in the membership for any reason, the replacement shallbe appointed for the unexpired term by the governor with the consent of the Senate.
(b) The person appointed shall have the same qualifications as his predecessor.
(5) The board shall appoint its chair from the membership. Four members of the boardshall constitute a quorum for the transaction of business and the holding of hearings.
(6) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
Amended by Chapter 286, 2010 General Session