Filling of vacancies; compensation

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  • (a) Whenever a vacancy occurs in any Executive department, agency or office, which vacancy is required by law to be filled with the advice and consent of the Legislature, the Governor shall forward to the Legislature, a nomination to fill such vacancy within ninety (90) days after the vacancy occurs. Once received, should the Legislature fail to either approve or disapprove the nomination by the ninetieth day following the first day the Legislature next meets in either regular session or in a special session the agenda for which includes consideration of the nomination, whichever meeting occurs first, then the advice and consent of the Legislature shall be deemed to have been given on the nomination at the end of that ninetieth day.

  • (b) The Governor may at any time during the one ninety (90) day period described above designate an individual to act as the head of the Executive department, agency or office without obligation to forward the nomination of that individual to the Legislature to fill the existing vacancy.

  • (c) An individual designated by the Governor as the head of an Executive department, agency or office shall receive the compensation provided by law for that position from the date of designation, whether or not the Governor forwards a nomination of that individual to the Legislature to fill the existing vacancy.

  • (d) No person shall serve in the capacity as head of an Executive department, agency or office which is required by law to be filled with the advice and consent of the Legislature, without such advice and consent having been conferred, for more than 180 days; Provided, however, That the Governor may extend such period for such additional number of days as may be agreed upon by the Legislature.


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