2005 Idaho Code - 54-1504 — STATE BOARD OF OPTOMETRY -- NOTICE OF VACANCY -- NOMINEES

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 15
                                 OPTOMETRISTS
    54-1504.  STATE BOARD OF OPTOMETRY -- NOTICE OF VACANCY -- NOMINEES. Sixty
(60) days prior to the expiration of the regular term of a member of the board
or upon the occurrence or declaration of a vacancy in the membership of the
board, the governor shall be notified by the chairman of the board in writing.
The bureau of occupational licenses shall, within sixty (60) days thereafter,
forward the names of three (3) persons eligible to fill such vacancy and
nominated pursuant to the terms of this act to the governor who shall
thereupon appoint from among such nominees the person to be a member to the
board to fill such vacancy. The said nominees shall be nominated as provided
in this act, provided that for the purposes of such nominations and
appointments, the state shall be divided by the state board of optometry into
three (3) districts and nominations and appointments to the board shall be
made in such a manner that each district shall be represented on the board by
one (1) licensed optometrist residing in the district at the time of his
appointment and provided, however, that the other two (2) members of the board
may reside in any of the three (3) districts. If the bureau shall fail to
furnish to the governor the names of the nominees eligible to fill vacancies
within the time herein provided, the governor may appoint any optometrist
qualified to fill said vacancy, provided that if the vacancy be in the term of
the only member from one (1) of the three (3) districts, the appointee must
reside within said district.
    Following the effective date of this act or upon notification of a vacancy
on the state board of optometry, the board shall send by mail to each licensed
optometrist residing in the state of Idaho a nominating ballot prepared by the
board or a person designated by it, pursuant to rules of the state board of
optometry, for return within thirty (30) days by mail to the board or a person
designated by it, to be counted without revealing or identifying the names of
the persons nominated by any specific individual returning a ballot as that
person's nominations.
    Upon a vacancy occurring after the effective date of this act, each
optometrist receiving a ballot may list any number of different individual
names between one (1) and six (6) as his nominations to fill that vacancy, and
following the totalling of ballots for nomination to fill a subsequent vacancy
on the state board of optometry, the board, or a person designated by it,
shall forward the names of the three (3) persons, eligible to fill such
vacancy, listed most frequently on the ballots returned.
    In each instance the board, or a person designated by it, shall also
forward the name of any persons eligible to be appointed initially or to fill
a vacancy whose names were listed a number of times in excess of twenty per
cent (20%) of the number of licensed optometrists then residing in the state
of Idaho and eligible to vote.