- (1) There is created the Constables Licensing Board.
(2) The membership of the board consists of:
(a) one individual representing a county that:
- (i) appointed or contracted with an unlicensed constable service before January 1, 2027; or
- (ii) on or after January 1, 2027, is contracted with a licensed constable as described in Title 17, Chapter 78, Part 6, Constables;
(b)
- (i) before January 1, 2027, an individual who has at least five years' experience acting as a constable in the state; or
- (ii) beginning January 1, 2027, an individual who is licensed as a constable under this chapter;
(c) an individual serving as the sheriff or chief of police for a jurisdiction that has:
- (i) appointed or contracted with an unlicensed constable service before January 1, 2027; or
- (ii) on or after January 1, 2027, is contracted with a licensed constable as described in Title 17, Chapter 78, Part 6, Constables;
(d) one individual:
- (i) representing the legal community; and
- (ii) with experience utilizing constable services as a client; and
(e) a member of the public who:
- (i) does not have a financial interest in a constable business; and
- (ii) does not have an immediate family member or a household member, or a personal or professional acquaintance, who is licensed under this chapter.
- (3) The sheriff or chief of police described in Subsection (2)(c) may not serve in the same county as the board member described in Subsection (2)(a).
(4)
(a)
- (i) The executive director shall appoint board members in accordance with Section 58-1-201.
- (ii) In making the appointment of the board member described in Subsections (2)(a) and (c), the executive director shall consider nominees put forth by the Utah Association of Counties.
- (b) A board member shall be a citizen of the United States and a resident of this state at the time of appointment.
- (c) A board member serves in accordance with Section 58-1-201.
(5)
- (a) The board shall carry out the board's duties and responsibilities in accordance with Sections 58-1-202 and 58-1-203.
(b) The board shall designate one board member, on a rotating or ongoing basis, to:
- (i) assist the division in reviewing a complaint regarding the unlawful or unprofessional conduct of an individual licensed under this chapter; and
- (ii) advise the division in the division's investigation of a complaint described in Subsection (4)(b)(i).
- (6) A board member who, under Subsection (4), has reviewed a complaint or advised in a complaint's investigation is disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Enacted by Chapter 130, 2026 General Session