32A-1-106 (Repealed 07/01/11) - Alcoholic Beverage Control Commission -- Membership -- Oaths and bond -- Per diem -- Offices -- Removal -- Meetings.
32A-1-106 (Repealed 07/01/11). Alcoholic Beverage Control Commission --Membership -- Oaths and bond -- Per diem -- Offices -- Removal -- Meetings.
(1) The Alcoholic Beverage Control Commission shall act as a governing board over theDepartment of Alcoholic Beverage Control.
(2) (a) The commission is composed of five part-time commissioners appointed by thegovernor with the consent of the Senate.
(b) No more than three commissioners may be of the same political party.
(3) (a) Except as required by Subsection (3)(b), as terms of current commissionersexpire, the governor shall appoint each new commissioner or reappointed commissioner to afour-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 no morethan two commissioners expire in a fiscal year.
(4) When a vacancy occurs in the commission for any reason, the replacement shall beappointed for the unexpired term with the consent of the Senate.
(5) Each commissioner shall qualify by taking the oath of office and by giving bond tothe state for faithful performance of duties in an amount determined by the Division of Finance,and in a form approved by the attorney general. The bond premium shall be paid by the state.
(6) A commissioner may not receive compensation or benefits for the commissioner'sservice, but may 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.
(7) (a) The commission shall elect one of its members to serve as chair, another to serveas vice chair, and other commission officers as it considers advisable, all of whom shall serve atthe pleasure of the commission.
(b) All commissioners on the commission have equal voting rights on all commissionmatters when in attendance at a commission meeting.
(c) Three commissioners of the commission is a quorum for conducting commissionbusiness.
(d) A majority vote of the quorum present is required for any action to be taken by thecommission.
(8) (a) (i) The governor may remove any commissioner from office for cause after apublic hearing conducted by the governor or by an impartial hearing examiner appointed by thegovernor to conduct the hearing.
(ii) The commissioner shall receive written notice of the date, time, and place of thehearing along with the alleged grounds for the removal at least 10 days before the hearing. Thecommissioner shall have the opportunity to attend the hearing, present witnesses and otherevidence, and confront and cross examine witnesses.
(b) Following the hearing, written findings of fact and conclusions of law shall beprepared by the person conducting the hearing and a copy served upon the commissioner. If thehearing is before a hearing examiner, the hearing examiner shall also issue a writtenrecommendation to the governor.
(c) The commissioner shall have five days to file written objections to the
recommendation before the governor issues a final order. The governor's order shall be inwriting and served upon the commissioner.
(9) (a) The commission shall meet at least monthly, but may hold other meetings at timesand places as scheduled by the commission, by the chair, or by any three commissioners uponfiling a written request for a meeting with the chair.
(b) Notice of the time and place of each commission meeting shall be given to eachcommissioner, and to the public in compliance with Title 52, Chapter 4, Open and PublicMeetings Act. All commission meetings shall be open to the public, except those meetings orportions of meetings that are closed by the commission as authorized by Sections 52-4-204 and52-4-205.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 284, 2007 General Session
Amended by Chapter 286, 2010 General Session