Utah Code 34A-1-205. Appeals Board — Chair — Appointment — Compensation — Qualifications
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(1)
Terms Used In Utah Code 34A-1-205
- 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.
- Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
- Quorum: The number of legislators that must be present to do business.
- 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) There is created the Appeals Board within the commission consisting of three members.
(1)(b) The board may call and preside at adjudicative proceedings to review an order or decision that is subject to review by the Appeals Board under this title.
(2)
(2)(a) With the advice and consent of the Senate and in accordance with this section, the governor shall appoint:
(2)(a)(i) one member of the board to represent employers; and
(2)(a)(ii) one member of the board to represent employees.
(2)(b) With the advice and consent of the Senate and in accordance with this section, the governor may appoint:
(2)(b)(i) one alternate member of the board to represent employers in the event that the member representing employers is unavailable; or
(2)(b)(ii) one alternate member of the board to represent employees in the event that the member representing employees is unavailable.
(2)(c) In making the appointments described in this subsection, the governor shall:
(2)(c)(i) when appointing a member or alternate member to represent employers, consider nominations from employer organizations;
(2)(c)(ii) when appointing a member or alternate member to represent employees, consider nominations from employee organizations;
(2)(c)(iii) ensure that no more than two members belong to the same political party; and
(2)(c)(iv) ensure that an alternate member belongs to the same political party as the member for whom the alternate stands in.
(2)(d) The governor shall, at the time of appointment or reappointment, make appointments to the board so that at least two of the members of the board are members of the Utah State Bar in good standing or resigned from the Utah State Bar in good standing.
(3)
(3)(a) The term of a member and an alternate member shall be six years beginning on March 1 of the year the member or alternate member is appointed, except that the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members and alternate members are staggered so that one member and alternate member is appointed every two years.
(3)(b) The governor may remove a member or alternate member only for inefficiency, neglect of duty, malfeasance or misfeasance in office, or other good and sufficient cause.
(3)(c) A member or alternate member shall hold office until a successor is appointed and has qualified.
(4) A member and alternate member shall be part-time and receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
(5)
(5)(a) The chief officer of the board shall be the chair, who shall serve as the executive and administrative head of the board.
(5)(b) The governor shall appoint and may remove at will the chair from the position of chair.
(6) A majority of the board shall constitute a quorum to transact business.
(7)
(7)(a) The commission shall provide the Appeals Board necessary staff support, except as provided in Subsection (7)(b).
(7)(b) At the request of the Appeals Board, the attorney general shall act as an impartial aid to the Appeals Board in outlining the facts and the issues.