1. (1) Members of a policy board within the department shall be appointed consistent with the following criteria:

   1. (a) geographical distribution;
   2. (b) expertise or personal experience with subject matter;
   3. (c) diversity of opinion and political preference; and
   4. (d) gender, cultural, and ethnic representation.
2. (2) The governor may remove a member at any time for official misconduct, habitual or willful neglect of duty, or for other good and sufficient cause.
3. (3) No member of the Legislature may serve as a member of a division policy board.

4. (4)

   1. (a) In addition to the disclosures required by Section 67-16-7, a board member shall disclose any conflict of interest to the board.

   2. (b) Notwithstanding Section 67-16-9, a board member with a substantial conflict may serve on the board if the member refrains from voting on a board action when the conflict involves:

      1. (i) a direct financial interest in the subject under consideration; or
      2. (ii) an entity or asset that could be substantially affected by the outcome of board action.

Renumbered and Amended by Chapter 344, 2009 General Session