53E-3-1319. Constitutional limitations on removal.
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/ut/title-53e/chapter-3/53e-3-1319·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/6/2026
53E-3-1319. Constitutional limitations on removal.
(1)This part does not authorize the board or the commission to remove an elected board member from office.
(2)Removal of an elected board member may only occur through:
(a)impeachment by the Legislature as provided in Utah Constitution, Article VI, Section 19; or
(b)operation of law based on criminal conviction or other disqualifying events as provided by statute or the Utah Constitution.
(3)The disciplinary actions authorized in this part are limited to those within the board's authority and do not include removal from elected office.
(4)If uncertainty exists about whether a proposed disciplinary action would constitute removal from office or otherwise exceed the board's constitutional authority, the board shall:
(a)seek an advisory opinion from the attorney general; or
(b)seek declaratory judgment from a court of competent jurisdiction before taking such action.
Enacted by Chapter 181 , 2026 General Session