Utah Code 34A-1-201. Commissioner — Appointment — Removal — Compensation — Qualifications — Responsibilities — Reports
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(1)
Terms Used In Utah Code 34A-1-201
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
- Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
- Ex officio: Literally, by virtue of one's office.
- Oath: A promise to tell the truth.
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) The chief administrative officer of the commission is the commissioner, who shall be appointed by the governor with the advice and consent of the Senate.
(1)(b) The commissioner shall serve at the pleasure of the governor.
(1)(c) The commissioner shall receive a salary established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(1)(d) The commissioner shall be experienced in administration, management, and coordination of complex organizations.
(2)
(2)(a) The commissioner shall serve full-time.
(2)(b)
(2)(b)(i) Except as provided in Subsection (2)(b)(ii), the commissioner may not:
(2)(b)(i)(A) hold any other office of this state, another state, or the federal government except in an ex officio capacity; or
(2)(b)(i)(B) serve on any committee of any political party.
(2)(b)(ii) Notwithstanding Subsection (2)(b)(i), the commissioner may:
(2)(b)(ii)(A) hold a nominal position or title if it is required by law as a condition for the state participating in an appropriation or allotment of any money, property, or service that may be made or allotted for the commission; or
(2)(b)(ii)(B) serve as the chief administrative officer of any division, office, or bureau that is established within the commission.
(2)(b)(iii) If the commissioner holds a position as permitted under Subsection (2)(b)(ii), the commissioner may not be paid any additional compensation for holding the position.
(3) Before beginning the duties as a commissioner, an appointed commissioner shall take and subscribe the constitutional oath of office and file the oath with the Division of Archives.
(4) The commissioner shall:
(4)(a) administer and supervise the commission in compliance with Title 63A, Chapter 17, Utah State Personnel Management Act;
(4)(b) approve the proposed budget of each division and the Appeals Board;
(4)(c) approve all applications for federal grants or assistance in support of any commission program; and
(4)(d) fulfill such other duties as assigned by the Legislature or as assigned by the governor that are not inconsistent with this title or Title 34, Labor in General.
(5)
(5)(a) The commissioner shall report annually to the Legislature and the governor concerning the operations of the commission and the programs that the commission administers.
(5)(b) If federal law requires that a report to the governor or Legislature be given concerning the commission or a program administered by the commission, the commissioner or the commissioner’s designee shall make that report.