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2006 Utah Code - 31A-35-201 — Bail Bond Surety Oversight Board creation -- Membership.

     31A-35-201.   Bail Bond Surety Oversight Board creation -- Membership.
     (1) There is created a Bail Bond Surety Oversight Board within the department, consisting of:
     (a) the following seven voting members to be appointed by the commissioner:
     (i) one representative each from four licensed bail bond surety companies;
     (ii) two members of the general public who do not have any financial interest in or professional affiliation with any bail bond surety company; and
     (iii) one attorney in good standing licensed to practice law in Utah; and
     (b) a nonvoting member who is a staff member of the insurance department appointed by the commissioner.
     (2) (a) The appointments are for terms of four years. A board member may not serve more than two consecutive terms.
     (b) Except as required by Subsection (2)(c), the members as of May 5, 1998, of the Bail Bond Surety Licensing Board created under Section 77-20-11 shall serve the remainder of their terms as members of the board. Upon expiration of their terms they are eligible for appointment to another term.
     (c) The insurance commissioner shall, at the time of initial appointments, adjust the length of terms to ensure that the terms of board members are staggered so approximately half of the board is appointed every two years.
     (3) A board member serves until:
     (a) removed by the insurance commissioner;
     (b) the member's resignation; or
     (c) the expiration of the member's term and the appointment of a successor.
     (4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the remainder of the unexpired term.
     (5) The board shall annually elect one of its members as chair.
     (6) Four members constitute a quorum for the transaction of business.
     (7) (a) Members do not receive compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of 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 services.
     (8) (a) The commissioner, with a majority vote of the board, may remove any member of the board for misconduct, incompetency, or neglect of duty.
     (b) The board shall conduct a hearing if requested by the board member that is to be removed.
     (9) Members of the board are immune from suit with respect to all acts done and actions taken in good faith in carrying out the purposes of this chapter.

Amended by Chapter 131, 1999 General Session

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