- (1) This part does not authorize the board or the commission to remove an elected board member from office.
(2) Removal of an elected board member may only occur through:
- (a) impeachment by the Legislature as provided in Utah Constitution, Article VI, Section 19; or
- (b) operation of law based on criminal conviction or other disqualifying events as provided by statute or the Utah Constitution.
- (3) The disciplinary actions authorized in this part are limited to those within the board's authority and do not include removal from elected office.
(4) If uncertainty exists about whether a proposed disciplinary action would constitute removal from office or otherwise exceed the board's constitutional authority, the board shall:
- (a) seek an advisory opinion from the attorney general; or
- (b) seek declaratory judgment from a court of competent jurisdiction before taking such action.
Enacted by Chapter 181, 2026 General Session