2.32 CONFIRMATION OF APPOINTMENTS -- PROCEDURES.
1. The governor shall either make an appointment or file a notice
of deferred appointment by March 1 for the following appointments
which are subject to confirmation by the senate:
a. An appointment to fill a term beginning on May 1 of that
year.
b. An appointment to fill a vacancy, other than as provided
for in paragraph "d", existing prior to the convening of the
general assembly in regular session in that year.
c. An appointment to fill a vacancy, other than as provided
for in paragraph "d", which is known, prior to the convening of
the general assembly in regular session, will occur before May 1 of
that year.
d. An appointment to fill a vacancy existing in a full-time
compensated position on December 15 prior to the convening of the
general assembly.
2. The governor shall file by February 1 with the secretary of
the senate a list of all the appointment positions requiring
gubernatorial action pursuant to subsection 1. The secretary of the
senate shall provide the governor a written acknowledgment of the
list within five days of its receipt. The senate shall approve the
list or request corrections by resolution by February 15.
3. The governor shall submit all appointments requiring
confirmation by the senate and notices of deferred appointment to the
secretary of the senate who shall provide the governor's office with
receipts of submission. Each notice of appointment shall be
accompanied by a statement of the appointee's political affiliation.
The notice of a deferred appointment shall be filed by the governor
with the secretary of the senate and accompanied by a statement of
reasons for the deferral. For appointments requiring confirmation by
the senate made during the legislative interim, the notice of
appointment shall be submitted to the secretary of the senate within
three days of the appointment date.
4. A gubernatorial appointee, whose appointment is subject to
confirmation by the senate and who serves at the pleasure of the
governor, is subject to reconfirmation by the senate during the
regular session of the general assembly convening in January if the
appointee will complete the appointee's fourth year in office on or
before the following April 30. For the purposes of this section, the
submission of an appointee for reconfirmation is deemed the same as
the submission of an appointee for confirmation and the procedures of
this section regarding confirmation and the consequences of refusal
to confirm are the same for reconfirmation.
5. If an appointment subject to senate confirmation is required
by statute to be made by an appointing authority other than the
governor, the duties assigned under this section to the governor
shall be performed by the appointing authority.
6. If a vacancy in a position requiring confirmation by the
senate, other than a full-time compensated position, occurs after the
convening of the general assembly in regular session, the governor
shall, within sixty calendar days after the vacancy occurs, either
make an appointment or file a notice of deferred appointment unless
the general assembly has adjourned its regular session before the
sixty-day period expires. If a vacancy in a full-time compensated
position requiring senate confirmation occurs after December 15, the
governor shall, within ninety calendar days after the vacancy occurs,
make an appointment or file a notice of deferred appointment unless
the general assembly has adjourned its regular session before the
ninety-day period expires.
7. If an appointment is submitted pursuant to subsection 1, the
senate shall by April 15 of that year either approve, disapprove, or
by resolution defer consideration of confirmation of the appointment.
If an appointment is submitted pursuant to subsection 6, the senate
shall either approve, disapprove, or by resolution defer
consideration of confirmation of the appointment within thirty days
after receiving the appointment from the governor. The senate may
defer consideration of an appointment until a later time during that
session, but the senate shall not adjourn that session until all
appointments submitted pursuant to this section before the last
thirty days of the session are approved or disapproved. If a
nomination is submitted during the last thirty days of the session,
the senate may by resolution defer consideration of the appointment
until the next regular session of the general assembly and the
nomination shall be considered as though made during the legislative
interim.
8. The confirmation of every appointment submitted to the senate
requires the approval of two-thirds of the members of the senate.
The senate shall adopt rules governing the referral of appointments
to committees, the reports of committees on appointments, and the
confirmation of appointments by the senate.
9. A person whose appointment is subject to senate confirmation
shall make available to the senate committee to which the appointment
is referred, upon the committee's request, a notarized statement that
the person has filed federal and state income tax returns for the
three years immediately preceding the appointment, or a notarized
statement of the legal reason for failure to file. If the
appointment is to a board, commission, council, or other body
empowered to take disciplinary action, all complaints and statements
of charges, settlement agreements, findings of fact, and orders
pertaining to any disciplinary action taken by that board,
commission, council, or body in a contested case against the person
whose appointment is being reviewed by the senate shall be made
available to the senate committee to which the appointment is
referred upon its request.
10. All tax records, complaint files, investigation files, other
investigation reports, and other investigative information in the
possession of the committee which relate to appointee tax filings or
complaints and statements of charges, settlement agreements, findings
of fact, and orders from any past disciplinary action in a contested
case against the appointee are privileged and confidential and they
are not subject to discovery, subpoena, or other means of legal
compulsion for their release to a person other than the appointee
unless otherwise provided by law.
11. Sixty days after a person's appointment has been disapproved
by the senate, that person shall not serve in that position as an
interim appointment or by holding over in office and the governor
shall submit another appointment or file a notice of deferred
appointment before the sixty-day period expires.
2009 amendments to subsections 1 and 3 apply to legislative
appointees named before, on, or after May 18, 2009, and to
appointments subject to senate confirmation on or after May 18, 2009;
2009 Acts, ch 106, §14
2.32 CONFIRMATION OF APPOINTMENTS -- PROCEDURES.
1. The governor shall either make an appointment or file a notice
of deferred appointment by March 1 for the following appointments
which are subject to confirmation by the senate:
a. An appointment to fill a term beginning on May 1 of that
year.
b. An appointment to fill a vacancy, other than as provided
for in paragraph "d", existing prior to the convening of the
general assembly in regular session in that year.
c. An appointment to fill a vacancy, other than as provided
for in paragraph "d", which is known, prior to the convening of
the general assembly in regular session, will occur before May 1 of
that year.
d. An appointment to fill a vacancy existing in a full-time
compensated position on December 15 prior to the convening of the
general assembly.
2. The governor shall file by February 1 with the secretary of
the senate a list of all the appointment positions requiring
gubernatorial action pursuant to subsection 1. The secretary of the
senate shall provide the governor a written acknowledgment of the
list within five days of its receipt. The senate shall approve the
list or request corrections by resolution by February 15.
3. The governor shall submit all appointments requiring
confirmation by the senate and notices of deferred appointment to the
secretary of the senate who shall provide the governor's office with
receipts of submission. Each notice of appointment shall be
accompanied by a statement of the appointee's political affiliation.
The notice of a deferred appointment shall be filed by the governor
with the secretary of the senate and accompanied by a statement of
reasons for the deferral. For appointments requiring confirmation by
the senate made during the legislative interim, the notice of
appointment shall be submitted to the secretary of the senate within
three days of the appointment date.
4. A gubernatorial appointee, whose appointment is subject to
confirmation by the senate and who serves at the pleasure of the
governor, is subject to reconfirmation by the senate during the
regular session of the general assembly convening in January if the
appointee will complete the appointee's fourth year in office on or
before the following April 30. For the purposes of this section, the
submission of an appointee for reconfirmation is deemed the same as
the submission of an appointee for confirmation and the procedures of
this section regarding confirmation and the consequences of refusal
to confirm are the same for reconfirmation.
5. If an appointment subject to senate confirmation is required
by statute to be made by an appointing authority other than the
governor, the duties assigned under this section to the governor
shall be performed by the appointing authority.
6. If a vacancy in a position requiring confirmation by the
senate, other than a full-time compensated position, occurs after the
convening of the general assembly in regular session, the governor
shall, within sixty calendar days after the vacancy occurs, either
make an appointment or file a notice of deferred appointment unless
the general assembly has adjourned its regular session before the
sixty-day period expires. If a vacancy in a full-time compensated
position requiring senate confirmation occurs after December 15, the
governor shall, within ninety calendar days after the vacancy occurs,
make an appointment or file a notice of deferred appointment unless
the general assembly has adjourned its regular session before the
ninety-day period expires.
7. If an appointment is submitted pursuant to subsection 1, the
senate shall by April 15 of that year either approve, disapprove, or
by resolution defer consideration of confirmation of the appointment.
If an appointment is submitted pursuant to subsection 6, the senate
shall either approve, disapprove, or by resolution defer
consideration of confirmation of the appointment within thirty days
after receiving the appointment from the governor. The senate may
defer consideration of an appointment until a later time during that
session, but the senate shall not adjourn that session until all
appointments submitted pursuant to this section before the last
thirty days of the session are approved or disapproved. If a
nomination is submitted during the last thirty days of the session,
the senate may by resolution defer consideration of the appointment
until the next regular session of the general assembly and the
nomination shall be considered as though made during the legislative
interim.
8. The confirmation of every appointment submitted to the senate
requires the approval of two-thirds of the members of the senate.
The senate shall adopt rules governing the referral of appointments
to committees, the reports of committees on appointments, and the
confirmation of appointments by the senate.
9. A person whose appointment is subject to senate confirmation
shall make available to the senate committee to which the appointment
is referred, upon the committee's request, a notarized statement that
the person has filed federal and state income tax returns for the
three years immediately preceding the appointment, or a notarized
statement of the legal reason for failure to file. If the
appointment is to a board, commission, council, or other body
empowered to take disciplinary action, all complaints and statements
of charges, settlement agreements, findings of fact, and orders
pertaining to any disciplinary action taken by that board,
commission, council, or body in a contested case against the person
whose appointment is being reviewed by the senate shall be made
available to the senate committee to which the appointment is
referred upon its request.
10. All tax records, complaint files, investigation files, other
investigation reports, and other investigative information in the
possession of the committee which relate to appointee tax filings or
complaints and statements of charges, settlement agreements, findings
of fact, and orders from any past disciplinary action in a contested
case against the appointee are privileged and confidential and they
are not subject to discovery, subpoena, or other means of legal
compulsion for their release to a person other than the appointee
unless otherwise provided by law.
11. Sixty days after a person's appointment has been disapproved
by the senate, that person shall not serve in that position as an
interim appointment or by holding over in office and the governor
shall submit another appointment or file a notice of deferred
appointment before the sixty-day period expires.
2009 amendments to subsections 1 and 3 apply to legislative
appointees named before, on, or after May 18, 2009, and to
appointments subject to senate confirmation on or after May 18, 2009;
2009 Acts, ch 106, §14
2.32 CONFIRMATION OF APPOINTMENTS -- PROCEDURES.
1. The governor shall either make an appointment or file a notice
of deferred appointment by March 1 for the following appointments
which are subject to confirmation by the senate:
a. An appointment to fill a term beginning on May 1 of that
year.
b. An appointment to fill a vacancy, other than as provided
for in paragraph "d", existing prior to the convening of the
general assembly in regular session in that year.
c. An appointment to fill a vacancy, other than as provided
for in paragraph "d", which is known, prior to the convening of
the general assembly in regular session, will occur before May 1 of
that year.
d. An appointment to fill a vacancy existing in a full-time
compensated position on December 15 prior to the convening of the
general assembly.
2. The governor shall file by February 1 with the secretary of
the senate a list of all the appointment positions requiring
gubernatorial action pursuant to subsection 1. The secretary of the
senate shall provide the governor a written acknowledgment of the
list within five days of its receipt. The senate shall approve the
list or request corrections by resolution by February 15.
3. The governor shall submit all appointments requiring
confirmation by the senate and notices of deferred appointment to the
secretary of the senate who shall provide the governor's office with
receipts of submission. Each notice of appointment shall be
accompanied by a statement of the appointee's political affiliation.
The notice of a deferred appointment shall be filed by the governor
with the secretary of the senate and accompanied by a statement of
reasons for the deferral. For appointments requiring confirmation by
the senate made during the legislative interim, the notice of
appointment shall be submitted to the secretary of the senate within
three days of the appointment date.
4. A gubernatorial appointee, whose appointment is subject to
confirmation by the senate and who serves at the pleasure of the
governor, is subject to reconfirmation by the senate during the
regular session of the general assembly convening in January if the
appointee will complete the appointee's fourth year in office on or
before the following April 30. For the purposes of this section, the
submission of an appointee for reconfirmation is deemed the same as
the submission of an appointee for confirmation and the procedures of
this section regarding confirmation and the consequences of refusal
to confirm are the same for reconfirmation.
5. If an appointment subject to senate confirmation is required
by statute to be made by an appointing authority other than the
governor, the duties assigned under this section to the governor
shall be performed by the appointing authority.
6. If a vacancy in a position requiring confirmation by the
senate, other than a full-time compensated position, occurs after the
convening of the general assembly in regular session, the governor
shall, within sixty calendar days after the vacancy occurs, either
make an appointment or file a notice of deferred appointment unless
the general assembly has adjourned its regular session before the
sixty-day period expires. If a vacancy in a full-time compensated
position requiring senate confirmation occurs after December 15, the
governor shall, within ninety calendar days after the vacancy occurs,
make an appointment or file a notice of deferred appointment unless
the general assembly has adjourned its regular session before the
ninety-day period expires.
7. If an appointment is submitted pursuant to subsection 1, the
senate shall by April 15 of that year either approve, disapprove, or
by resolution defer consideration of confirmation of the appointment.
If an appointment is submitted pursuant to subsection 6, the senate
shall either approve, disapprove, or by resolution defer
consideration of confirmation of the appointment within thirty days
after receiving the appointment from the governor. The senate may
defer consideration of an appointment until a later time during that
session, but the senate shall not adjourn that session until all
appointments submitted pursuant to this section before the last
thirty days of the session are approved or disapproved. If a
nomination is submitted during the last thirty days of the session,
the senate may by resolution defer consideration of the appointment
until the next regular session of the general assembly and the
nomination shall be considered as though made during the legislative
interim.
8. The confirmation of every appointment submitted to the senate
requires the approval of two-thirds of the members of the senate.
The senate shall adopt rules governing the referral of appointments
to committees, the reports of committees on appointments, and the
confirmation of appointments by the senate.
9. A person whose appointment is subject to senate confirmation
shall make available to the senate committee to which the appointment
is referred, upon the committee's request, a notarized statement that
the person has filed federal and state income tax returns for the
three years immediately preceding the appointment, or a notarized
statement of the legal reason for failure to file. If the
appointment is to a board, commission, council, or other body
empowered to take disciplinary action, all complaints and statements
of charges, settlement agreements, findings of fact, and orders
pertaining to any disciplinary action taken by that board,
commission, council, or body in a contested case against the person
whose appointment is being reviewed by the senate shall be made
available to the senate committee to which the appointment is
referred upon its request.
10. All tax records, complaint files, investigation files, other
investigation reports, and other investigative information in the
possession of the committee which relate to appointee tax filings or
complaints and statements of charges, settlement agreements, findings
of fact, and orders from any past disciplinary action in a contested
case against the appointee are privileged and confidential and they
are not subject to discovery, subpoena, or other means of legal
compulsion for their release to a person other than the appointee
unless otherwise provided by law.
11. Sixty days after a person's appointment has been disapproved
by the senate, that person shall not serve in that position as an
interim appointment or by holding over in office and the governor
shall submit another appointment or file a notice of deferred
appointment before the sixty-day period expires.
2009 amendments to subsections 1 and 3 apply to legislative
appointees named before, on, or after May 18, 2009, and to
appointments subject to senate confirmation on or after May 18, 2009;
2009 Acts, ch 106, §14
