State Codes and Statutes
Statutes > Utah > Future-title-32b > Chapter-02 > 32b-2-201-effective-07-01-1132B-2-201 (Effective 07/01/11). Alcoholic Beverage Control Commission created.
(1) There is created the "Alcoholic Beverage Control Commission." The commission isthe governing board over the department.
(2) (a) The commission is composed of five part-time commissioners appointed by thegovernor with the consent of the Senate.
(b) No more than three commissioners may be of the same political party.
(3) (a) Except as required by Subsection (3)(b), as terms of commissioners expire, thegovernor shall appoint each new commissioner or reappointed commissioner to a four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the timeof appointment or reappointment, adjust the length of terms to ensure that the terms of no morethan two commissioners expire in a fiscal year.
(4) (a) When a vacancy occurs on the commission for any reason, the governor shallappoint a replacement for the unexpired term with the consent of the Senate.
(b) Unless removed in accordance with Subsection (6), a commissioner shall remain onthe commission after the expiration of a term until a successor is appointed by the governor, withthe consent of the Senate.
(5) A commissioner shall take the oath of office.
(6) (a) The governor may remove a commissioner from the commission for cause after apublic hearing conducted by:
(i) the governor; or
(ii) an impartial hearing examiner appointed by the governor to conduct the hearing.
(b) At least 10 days before the hearing described in Subsection (6)(a), the governor shallprovide the commissioner notice of:
(i) the date, time, and place of the hearing; and
(ii) the alleged grounds for the removal.
(c) The commissioner shall have an opportunity to:
(i) attend the hearing;
(ii) present witnesses and other evidence; and
(iii) confront and cross examine witnesses.
(d) After a hearing under this Subsection (6):
(i) the person conducting the hearing shall prepare written findings of fact andconclusions of law; and
(ii) the governor shall serve a copy of the prepared findings and conclusions upon thecommissioner.
(e) If a hearing under this Subsection (6) is held before a hearing examiner, the hearingexaminer shall issue a written recommendation to the governor in addition to complying withSubsection (6)(d).
(f) A commissioner has five days from the day on which the commissioner receives thefindings and conclusions described in Subsection (6)(d) to file written objections to therecommendation before the governor issues a final order.
(g) The governor shall:
(i) issue the final order under this Subsection (6) in writing; and
(ii) serve the final order upon the commissioner.
(7) (a) A commissioner may not receive compensation or benefits for the commissioner'sservice, but may receive per diem and expenses incurred in the performance of the
commissioner's official duties at the rates established by the Division of Finance under Sections63A-3-106 and 63A-3-107.
(b) A commissioner may decline to receive per diem and expenses for thecommissioner's service.
(8) (a) (i) The commission shall elect:
(A) one commissioner to serve as chair;
(B) another commissioner to serve as vice chair; and
(C) other commission officers as the commission considers advisable.
(ii) A commissioner shall serve in the office to which the commissioner is elected underSubsection (8)(a)(i) at the pleasure of the commission.
(b) Each commissioner has equal voting rights on a commission matter when inattendance at a commission meeting.
(c) Three commissioners is a quorum for conducting commission business.
(d) A majority vote of the quorum present at a meeting is required for the commission toact.
(9) (a) The commission shall meet at least monthly, but may hold other meetings at timesand places as scheduled by:
(i) the commission;
(ii) the chair; or
(iii) three commissioners upon filing a written request for a meeting with the chair.
(b) Notice of the time and place of a commission meeting shall be given to eachcommissioner, and to the public in compliance with Title 52, Chapter 4, Open and PublicMeetings Act. A commission meeting is open to the public, except for a commission meeting orportion of a commission meeting that is closed by the commission as authorized by Sections52-4-204 and 52-4-205.
Enacted by Chapter 276, 2010 General Session
