Utah Code 53B-1-408 v2. Appointment of commissioner of higher education — Qualifications — Associate commissioners — Duties

Effective 7/1/2023

53B-1-408. Appointment of commissioner of higher education — Qualifications — Associate commissioners — Duties — Office.

(1)

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

(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 following may terminate the commissioner:

(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 may appoint associate commissioners.

(b)	An associate commissioner described in Subsection (2)(a) is not subject to the approval of the board.

(3)

The commissioner is responsible to the board to:

(a)	ensure the proper execution of the policies, programs, and strategic plan of the board;

(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;

(d)	in consultation with the board’s executive committee and in accordance with Subsection 53B-1-402(2), evaluate and provide support and guidance to an institution of higher education president; and

(e)	perform other duties the board assigns in carrying out the board’s duties and responsibilities.

Amended by Chapter 254, 2023 General Session

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