63G-6-807 - Creation of Procurement Appeals Board.
63G-6-807. Creation of Procurement Appeals Board.
(1) (a) A Procurement Appeals Board is created in the executive branch. TheProcurement Appeals Board shall be composed of a chair and one other member, to be appointedby the governor, and a third member to be designated by the two appointed members on acase-by-case basis.
(b) None of the members of the Procurement Appeals Board shall otherwise be full-timeemployees of the state.
(c) The appointed members of the Procurement Appeals Board shall have been membersin good standing of the state bar for at least five years and shall be experienced in contract orcommercial matters.
(d) The designated member shall possess the technical expertise and experience neededfor the proper disposition of the factual issues presented by the case.
(2) (a) Except as required by Subsection (2)(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 (2)(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.
(c) The designated member shall serve for the case on which designated until the finaldisposition of the case.
(d) Appointed members may be reappointed for succeeding terms and may continue toserve after the expiration of their terms until a successor takes office.
(e) Qualified persons may be redesignated as members.
(3) When a vacancy occurs in the membership for any reason, the replacement shall beappointed for the unexpired term.
(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.
Amended by Chapter 286, 2010 General Session