2006 Utah Code - 63-56-807 — Creation of Procurement Appeals Board.

     63-56-807.   Creation of Procurement Appeals Board.
     (1) (a) A Procurement Appeals Board is created in the executive branch. The Procurement Appeals Board shall be composed of a chair and one other member, to be appointed by the governor, and a third member to be designated by the two appointed members on a case-by-case basis.
     (b) None of the members of the Procurement Appeals Board shall otherwise be full-time employees of the state.
     (c) The appointed members of the Procurement Appeals Board shall have been members in good standing of the state bar for at least five years and shall be experienced in contract or commercial matters.
     (d) The designated member shall possess the technical expertise and experience needed for the proper disposition of the factual issues presented by the case.
     (2) (a) Except as required by Subsection (2)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
     (b) Notwithstanding the requirements of Subsection (2)(a), the governor 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.
     (c) The designated member shall serve for the case on which designated until the final disposition of the case.
     (d) Appointed members may be reappointed for succeeding terms and may continue to serve after the expiration of their terms until a successor takes office.
     (e) Qualified persons may be redesignated as members.
     (3) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
     (4) (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.

Renumbered and Amended by Chapter 25, 2005 General Session