58-1-201 - Boards -- Appointment -- Membership -- Terms -- Vacancies -- Quorum -- Per diem and expenses -- Chair -- Financial interest or faculty position in professional school teaching continuing ed
58-1-201. Boards -- Appointment -- Membership -- Terms -- Vacancies -- Quorum-- Per diem and expenses -- Chair -- Financial interest or faculty position in professionalschool teaching continuing education prohibited.
(1) (a) The executive director shall appoint the members of the boards established underthis title. In appointing these members the executive director shall give consideration torecommendations by members of the respective occupations and professions and by theirorganizations.
(b) Each board shall be composed of five members, four of whom shall be licensed orcertified practitioners in good standing of the occupation or profession the board represents, andone of whom shall be a member of the general public, unless otherwise provided under thespecific licensing chapter.
(c) The names of all persons appointed to boards shall be submitted to the governor forconfirmation or rejection. If an appointee is rejected by the governor, the executive director shallappoint another person in the same manner as set forth in Subsection (1)(a).
(2) (a) Except as required by Subsection (2)(b), as terms of current board membersexpire, the executive director shall appoint each new member or reappointed member to afour-year term.
(b) Notwithstanding the requirements of Subsection (2)(a), the executive director shall, atthe time of appointment or reappointment, adjust the length of terms to ensure that the terms ofboard members are staggered so that approximately half of the board is appointed every twoyears.
(c) A board member may not serve more than two consecutive terms, and a boardmember who ceases to serve on a board may not serve again on that board until after theexpiration 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 shallbe appointed for the unexpired term.
(ii) After filling that term, the replacement member may be appointed for only oneadditional full term.
(e) If a board member fails or refuses to fulfill the responsibilities and duties of a boardmember, including the attendance at board meetings, the executive director with the approval ofthe board may remove the board member and replace the member in accordance with thissection.
(3) A majority of the board members constitutes a quorum. A quorum is sufficientauthority for the board to act.
(4) 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.
(5) Each board shall annually designate one of its members to serve as chair for aone-year period.
(6) A board member may not be a member of the faculty of or have any financial interestin any vocational or professional college or school which provides continuing education to anylicensee if that continuing education is required by statute or rule.
Amended by Chapter 286, 2010 General Session
Amended by Chapter 324, 2010 General Session