32B-2-205. Director of alcoholic beverage services.
(1)
Terms Used In Utah Code 32B-2-205
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.
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
In accordance with Subsection (1)(b), the governor, with the advice and consent of the Senate, shall appoint a director of alcoholic beverage services to a four-year term. The director may be appointed to more than one four-year term. The director is the administrative head of the department.
(b)
(i)
The governor shall appoint the director from nominations made by the commission.
(ii)
The commission shall submit the nomination of three individuals to the governor for appointment of the director.
(iii)
By no later than 30 calendar days from the day on which the governor receives the three nominations submitted by the commission, the governor may:
(A)
appoint the director; or
(B)
reject the three nominations.
(iv)
If the governor rejects the nominations or fails to take action within the 30-day period, the commission shall nominate three different individuals from which the governor may appoint the director or reject the nominations until such time as the governor appoints the director.
(v)
The governor may reappoint the director without seeking nominations from the commission. Reappointment of a director is subject to the advice and consent of the Senate.
(c)
(i)
If there is a vacancy in the position of director, during the nomination process described in Subsection (1)(b), the governor may appoint an interim director for a period of up to 30 calendar days.
(ii)
If a director is not appointed within the 30-day period, the interim director may continue to serve beyond the 30-day period subject to the advice and consent of the Senate at the next scheduled time for the Senate giving consent to appointments of the governor.
(iii)
Except that if the Senate does not act on the consent to the appointment of the interim director within 60 days of the end of the initial 30-day period, the interim director may continue as the interim director.
(d)
The director may be terminated by:
(i)
the commission by a vote of four commissioners; or
(ii)
the governor after consultation with the commission.
(e)
The director may not be a commissioner.
(f)
The director shall:
(i)
be qualified in administration;
(ii)
be knowledgeable by experience and training in the field of business management; and
(iii)
possess any other qualification prescribed by the commission.
