Removal of member or alternate.

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(1) The commissioner may remove any member or alternate of the board for inefficiency, neglect of duty, or misconduct in office. Such member or alternate shall be entitled to a public hearing before the board with the commissioner presiding, after service upon the member or alternate ten days before the hearing of a copy of the charges against the member or alternate together with a notice of the time and place of the hearing. At the hearing, the member or alternate shall be given an opportunity to be heard in person or by counsel and shall be permitted to present evidence to answer the charges and explain the facts alleged.

(2) In every case of removal, the commissioner shall file in the office of the secretary of state a complete statement of all charges against the member or alternate and the commissioner's findings thereon, together with a record of the entire proceedings had in connection therewith.

Source: L. 93: Entire article amended with relocations, p. 1841, § 1, effective July 1.

Editor's note: This section is similar to former § 35-57.5-107 as it existed prior to 1993, and the former § 35-57.5-109 was relocated to § 35-57.5-111.


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