2006 Utah Code - 32A-1-106 — Alcoholic Beverage Control Commission -- Membership -- Oaths and bond -- Per diem -- Offices -- Removal -- Meetings.

     32A-1-106.   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 the Department of Alcoholic Beverage Control.
     (2) (a) The commission is composed of five part-time commissioners appointed by the governor 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 commission members expire, the governor shall appoint each new member or reappointed member to a four-year term.
     (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately half of the commission is appointed every two years.
     (4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed 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 to the 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) Members shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (b) Members may decline to receive per diem and expenses for their service.
     (7) The commission shall elect one of its members to serve as chair, another to serve as vice chair, and other commission officers as it considers advisable, all of whom shall serve at the pleasure of the commission. All members of the commission have equal voting rights on all commission matters when in attendance at a commission meeting. Three members of the commission is a quorum for conducting commission business. A majority vote of the quorum present is required for any action to be taken by the commission.
     (8) (a) The governor may remove any commissioner from office for cause after a public hearing conducted by the governor or by an impartial hearing examiner appointed by the governor to conduct the hearing. The commissioner shall receive written notice of the date, time, and place of the hearing along with the alleged grounds for the removal at least ten days before the hearing. The commissioner shall have the opportunity to attend the hearing, present witnesses and other evidence, and confront and cross examine witnesses.
     (b) Following the hearing, written findings of fact and conclusions of law shall be prepared by the person conducting the hearing and a copy served upon the commissioner. If the hearing is before a hearing examiner, the hearing examiner shall also issue a written recommendation 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 in writing and served upon the commissioner.
     (9) The commission shall meet at least monthly, but may hold other meetings at times and places as scheduled by the commission, by the chair, or by any three commissioners upon filing a written request for a meeting with the chair. Notice of the time and place of each meeting shall be given to each commissioner, and to the public in compliance with Title 52, Chapter 4,

Open and Public Meetings Act. All commission meetings shall be open to the public, except those meetings or portions of meetings that are closed by the commission as authorized by Sections 52-4-204 and 52-4-205.

Amended by Chapter 14, 2006 General Session