(1) (a) There is hereby created in the department of public health and environment a water quality control commission which shall exercise its powers and perform its duties and functions as if it were transferred to said department by a type 1 transfer. The commission shall consist of nine citizens of the state who shall be appointed by the governor, with the consent of the senate, for terms of three years each; except that, of the members appointed to take office in 1984, one shall be appointed for a oneyear term, one shall be appointed for a two-year term, and three shall be appointed for three-year terms. Members of the commission shall be appointed so as to achieve geographical representation and to reflect the various interests in water in the state. At least two members shall reside in that portion of the state which is west of the continental divide.
Repealed.
Whenever a vacancy exists, the governor shall appoint a member for the remainingportion of the unexpired term created by the vacancy, subject to confirmation by the senate.
(2) (a) The governor may remove any appointed member of the commission for malfeasance in office, failure to regularly attend meetings, or for any cause that renders such a member incapable or unfit to discharge the duties of his office.
(b) If any member of the commission is absent from two consecutive meetings, the chairman of the commission shall determine whether the cause of such absences was reasonable.
If he determines that the cause of the absences was unreasonable, he shall so notify the governor who may remove such member and appoint a qualified person for the unexpired portion of the regular term, subject to confirmation by the senate.
Each member of the commission not otherwise in full-time employment of the stateshall receive a per diem which shall be the same amount paid to the general assembly for attendance at interim committees for each day actually and necessarily spent in the discharge of official duties, not to exceed twelve hundred dollars in any one year; and each member shall receive traveling and other necessary expenses actually incurred in the performance of his official duties as a member of the commission.
The commission shall select from its own membership a chairman, a vice-chairman,and a secretary. The commission shall keep a record of its proceedings.
The commission shall hold regular public meetings and may hold special meetingson the call of the chairman or vice-chairman at such other times as deemed necessary. Written notice of the time and place of each meeting shall be mailed to each member at least five days in advance.
All members shall have a vote. Two-thirds of the commission shall constitute a quorum, and the concurrence of a majority of the quorum in any matter within its powers and duties shall be required for any determination made by the commission.
Source: L. 81: Entire article R&RE, p. 1314, § 1, effective July 1. L. 84: (1)(a) amended, p. 784, § 1, effective March 16. L. 96: (1)(a) amended, p. 1473, § 22, effective June 1. L. 2005: (1)(b) repealed, p. 283, § 24, effective August 8.
Cross references: For types of administrative transfers, see § 24-1-105.