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2006 Utah Code - 62A-14-106 — Board of Public Guardian Services.
62A-14-106. Board of Public Guardian Services.(1) The Board of Public Guardian Services, created in accordance with this section and Section 62A-1-105, is responsible for establishing the policy of the office in accordance with this chapter and seeing that the legislative purposes for the office are carried out.
(2) The executive director shall appoint nine members to the Board of Public Guardian Services, as follows:
(a) a member of the Board of Aging and Adult Services or designee;
(b) a member of the Board of Services for Persons with Disabilities or designee;
(c) a member of the Board of Substance Abuse and Mental Health or designee;
(d) a representative of the long-term care industry;
(e) a representative of the hospital industry;
(f) a representative of persons with disabilities;
(g) a representative of senior citizens;
(h) a physician; and
(i) an attorney with experience in guardianship and conservatorship law.
(3) (a) Except as provided in Subsection (3)(b), each member shall be appointed for a four-year term and eligible for one reappointment.
(b) Notwithstanding Subsection (3)(a), the executive director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years, taking into account the remaining term of board members who serve on other department boards.
(c) A board member shall continue in office until the expiration of the member's term and until a successor is appointed, which may not exceed 90 days after the formal expiration of the term.
(d) When a vacancy occurs in membership for any reason, the replacement shall be appointed for the unexpired term.
(e) The make up of the board should reflect political and geographic diversity.
(4) The board shall annually elect a chairperson from its membership. The board shall hold meetings at least once every three months. Meetings shall be held from time to time on the call of the chairperson or a majority of the board members. Five board members are necessary to constitute a quorum at any meeting and, if a quorum exists, the action of a majority of members present shall be the action of the board.
(5) (a) Board members who are not government employees may not receive compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of their official duties at rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(b) Members of the board may decline to receive per diem expenses for their services.
(6) The board shall:
(a) establish program policy for the office;
(b) establish a mechanism for systematic and regular review of existing policy and for consideration of policy changes; and
(c) set fees for the office, excluding attorneys fees, in accordance with Section 63-38-3.2.
Amended by Chapter 246, 2003 General Session
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