Sec. 14.40.155. Suspension and removal of regents.

654 words·~3 min read·/ak/title-14/chapter-40/14-40-155

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(a)The governor may, after providing notice and an opportunity for a hearing, suspend a member of the Board of Regents while a final disposition is pending on

(1)a criminal complaint, presentment, information, or indictment involving a felony in any jurisdiction;

(2)an information or formal criminal charges of a misdemeanor described under (g)(3) of this section;

(3)a probable cause determination of a knowing ethics violation under AS 39.52 that results in an accusation under consideration before the personnel board;

(4)a written complaint under consideration before the governor, signed under oath by the person making the complaint, that alleges malfeasance or nonfeasance in office as described in (g)(4) of this section, if the governor determines, after an investigation, that there is probable cause to believe that malfeasance or nonfeasance in office has occurred; a determination of probable cause under this paragraph

(A)must specify with particularity the factual basis for the determination;

(B)must include objective evidence of substantial and material malfeasance or nonfeasance; and

(C)may not be based on political differences or the discretionary performance of a lawful act or a prescribed duty; or

(5)a formal allegation or charge by a professional or occupational licensing body alleging or finding a violation of licensing statutes or regulations that is related to the regent's ability or fitness to serve as a regent.

(b)The governor may remove a member of the Board of Regents for good cause by providing to the member an accusation and an opportunity for a hearing and judicial review.

(c)Notwithstanding the procedure under AS 44.62.390 , a regent who has been suspended under

(a)of this section may, at any time, request a hearing to

(1)defend against the grounds for the suspension stated in the accusation; or

(2)lift the suspension.

(d)If a hearing is to be held under this section, the governor shall delegate the conduct of the hearing to the office of administrative hearings under AS 44.64.030 (b). If a hearing is requested, the hearing officer shall prepare a proposed decision under AS 44.62.500

(1)to remove a regent based on clear and convincing evidence of good cause for removal;

(2)not to remove a regent; or

(3)to continue a suspension or lift a suspension of a regent.

(e)AS 44.62.330 — 44.62.630 apply to all proceedings under this section.

(f)After a final decision by the governor that suspends a regent under

(a)of this section or removes a regent for good cause under

(b)of this section, the governor shall file with the lieutenant governor a copy of the allegations made against the former regent, the governor's findings on each of the allegations, and a complete record of the suspension or removal proceedings.

(g)In this section, “good cause” means

(1)a violation of AS 39.52 (Alaska Executive Branch Ethics Act) that results in a recommendation of removal under AS 39.52.410 (b)(3);

(2)a conviction of a felony in any jurisdiction;

(3)a conviction of a misdemeanor in any jurisdiction if the misdemeanor involves

(A)dishonesty;

(B)breach of trust; or

(C)the University of Alaska;

(4)substantial and material malfeasance or nonfeasance in office that is not based on political differences or the discretionary performance of a lawful act or prescribed duty; in this paragraph “malfeasance or nonfeasance in office” includes

(A)misconduct in office;

(B)an inability to serve for an extended period of time;

(C)neglect of duty;

(D)incompetence;

(E)unjustified failure to perform the duties of the Board of Regents;

(5)a violation of a professional or occupational licensing statute or regulation that is related to the regent's fitness to serve as a regent, resulting in the revocation or suspension of a professional or occupational license issued under state law; or

(6)a failure to possess the qualifications of a regent under AS 14.40.130 .