38-211. Nominations by governor; consent of
senate; appointment
A. When it is provided by law that a state officer shall be appointed pursuant to
this section, the governor shall nominate and with the consent of the senate appoint such
officer as prescribed in this section.
B. If the term of any state office which is appointive pursuant to this section
expires, begins or becomes vacant during a regular legislative session, the governor
shall during such session nominate a person who meets the requirements of law for such
office and shall promptly transmit the nomination to the president of the senate. If the
incumbent is capable of continuing to serve until his successor has qualified, a nominee
to that position shall not assume and discharge the duties of the office, pending senate
confirmation. If the incumbent is unable to continue to discharge the duties of office,
the nominee shall assume and discharge the duties of the office pending senate
confirmation. If the senate consents to the nomination, the governor shall then appoint
the nominee to serve for the term or, in the case of a vacancy, for the unexpired term in
which the vacancy occurred. If the senate rejects the nomination the nominee shall not
be appointed and the governor shall promptly nominate another person who meets the
requirements for such office. If the senate takes no formal action on the nomination
during such legislative session, or if a nomination other than one that is required to be
sent to the senate during the first week of the legislative session is not received
during the session, the governor shall after the close of such legislative session
appoint the nominee to serve, and the nominee shall discharge the duties of office,
subject to confirmation during the next legislative session.
C. If the term of any state office which is appointive pursuant to this section
expires, begins or becomes vacant during a time in which the legislature is not in
regular session, the governor shall nominate a person who meets the requirements of law
for such office and shall transmit the nomination to the president of the senate during
the first week of the next regular session. The nominee shall assume and discharge the
duties of the office until rejection of the nomination or inaction of the senate.
D. Every officer who is subject to confirmation as provided in this section and
whose term is not fixed by law shall hold office at the pleasure of the appointing power.
E. In no event shall a nominee serve longer than one year after nomination without
senate consent.
F. Nominations made by the governor shall be in writing, designating the residence
of the nominee and the office for which nominated.
G. When the senate consents to a nomination, its secretary shall deliver a copy of
the resolution of consent, certified by the president of the senate, to the secretary of
state, who shall notify the governor. When the senate rejects a nomination, its
secretary shall inform the governor promptly.
|