Superseded 7/1/2023)

Superseded 7/1/2023
53B-1-408.  Appointment of commissioner of higher education — Qualifications — Associate commissioners — Duties.

(1) 

Terms Used In Utah Code 53B-1-408

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-401
  • Commissioner: means the commissioner of higher education appointed in accordance with Section 53B-1-408. See Utah Code 53B-1-101.5
  • institution: means an institution of higher education described in Section 53B-1-102. See Utah Code 53B-1-401
  • Technical education: means career and technical education that:Utah Code 53B-1-101.5
(a)  The board, upon approval from the governor and with the advice and consent of the Senate, shall appoint a commissioner of higher education to serve at the board’s pleasure as the board’s chief executive officer.

(b)  The commissioner may be terminated by:

(i)  the board; or

(ii)  the governor, after consultation with the board.

(c)  The board shall:

(i)  set the salary of the commissioner;

(ii)  subject to Subsection (3), prescribe the duties and functions of the commissioner; and

(iii)  select a commissioner on the basis of outstanding professional qualifications.

(2) 

(a)  The commissioner shall appoint, subject to approval by the board:

(i)  an associate commissioner for academic education; and

(ii)  an associate commissioner for technical education.

(b) 

(i)  The commissioner may appoint associate commissioners in addition to the associate commissioners described in Subsection (2)(a).

(ii)  An association commissioner described in Subsection (2)(b)(i) is not subject to the approval of the board.

(3)  The commissioner is responsible to the board to:

(a)  ensure that the policies, programs, and strategic plan of the board are properly executed;

(b)  furnish information about the Utah system of higher education and make recommendations regarding that information to the board;

(c)  provide state-level leadership in any activity affecting an institution of higher education; and

(d)  perform other duties assigned by the board in carrying out the board’s duties and responsibilities.

Amended by Chapter 187, 2021 General Session