39A-1-201.  Adjutant general — Appointment — Term — Qualifications.

(1)  There shall be one adjutant general of the National Guard appointed by the governor.

Terms Used In Utah Code 39A-1-201

  • Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • National Guard: means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. See Utah Code 39A-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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)  The adjutant general is the commanding general of the Utah National Guard and the Utah State Defense Force and holds office for a term of six years, unless terminated by resignation, disability, age, in accordance with Subsection (6), or for cause.

(3)  The individual appointed to the office shall:

(a)  be a citizen of Utah and meet the requirements provided in Title 32, United States Code;

(b)  be a federally recognized commissioned officer, with the rank of colonel or higher, of the National Guard of the United States with no fewer than five years commissioned service in the Utah National Guard; and

(c)  as determined by the governor, have sufficient knowledge and experience to command the Utah National Guard.

(4)  Active service in the armed forces of the United States may be included in the requirement in Subsection (3)(b), if the officer was a member of the Utah National Guard when the officer entered that service.

(5)  The adjutant general shall establish a succession plan consistent with Section 53-2a-804 to ensure the continuity of command.

(6)  An officer is no longer eligible to hold the office of adjutant general after attaining the age of 64 years.

(7)  The adjutant general shall ensure the readiness, training, discipline, and operations of the National Guard.

Renumbered and Amended by Chapter 373, 2022 General Session