Code of Ethics — Material Violation — Hearing — Vacancy

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  1. The board shall establish and adopt a code of ethics that will apply to and govern the conduct of all appointed members of the board.
  2. Notwithstanding any other law to the contrary, by a two-thirds (2/3) vote of its membership, the board may remove any appointed member of the board for a material violation of the code of ethics.
  3. A board vote to remove one of its members shall only be taken after the accused member has been afforded a due process contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and a finding has been made that the member did violate the board's code of ethics.
  4. If a member is removed in accordance with this section, the position shall be considered vacant and the vacancy shall be filled as provided by law.
  5. This section shall be in addition to the prohibition against conflicts of interest by members of the board and possible punishment for violations set out in § 49-9-207.


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