214.09 MEMBERSHIP; COMPENSATION; REMOVAL; VACANCIES.
Subdivision 1. General.
The following standard provisions shall apply to the health-related
and non-health-related licensing boards and to agencies created after July 1, 1975 in the executive
branch, other than departments, whose primary functions include licensing, registration or
certification of persons in specified professions or occupations.
Subd. 2. Membership terms.
An appointment to a board must be made in the manner
provided in section
. The terms of the members shall be four years with the terms ending
on the first Monday in January. The appointing authority shall appoint as nearly as possible
one-fourth of the members to terms expiring each year. If the number of members is not evenly
divisible by four, the greater number of members, as necessary, shall be appointed to terms
expiring in the year of commencement of the governor's term and the year or years immediately
thereafter. If the number of terms which can be served by a member of a board is limited by
law, a partial term must be counted for this purpose if the time served by a member is greater
than one-half of the duration of the regular term. If the membership is composed of categories
of members from occupations, industries, political subdivisions, the public or other groupings
of persons, and if the categories have two or more members each, the appointing authority shall
appoint as nearly as possible one-fourth of the members in each category at each appointment
date. Members may serve until their successors are appointed and qualify. If the appointing
authority fails to appoint a successor by July 1 of the year in which the term expires, the term of
the member for whom a successor has not been appointed shall extend until the first Monday in
January four years after the scheduled end of the original term.
Subd. 3. Compensation.
(a) Members of the boards may be compensated at the rate of
$55 a day spent on board activities, when authorized by the board, plus expenses in the same
manner and amount as authorized by the commissioner's plan adopted under section
. Members who, as a result of time spent attending board meetings, incur child care
expenses that would not otherwise have been incurred, may be reimbursed for those expenses
upon board authorization.
(b) Members who are state employees or employees of the political subdivisions of the state
must not receive the daily payment for activities that occur during working hours for which they
are also compensated by the state or political subdivision. However, a state or political subdivision
employee may receive the daily payment if the employee uses vacation time or compensatory
time accumulated in accordance with a collective bargaining agreement or compensation plan
for board activity. Members who are state employees or employees of the political subdivisions
of the state may receive the expenses provided for in this subdivision unless the expenses are
reimbursed by another source. Members who are state employees or employees of political
subdivisions of the state may be reimbursed for child care expenses only for time spent on board
activities that are outside their working hours.
(c) Each board must adopt internal standards prescribing what constitutes a day spent on
board activities for purposes of making daily payments under this subdivision.
Subd. 4. Removal; vacancies.
A member may be removed by the appointing authority at any
time (1) for cause after notice and hearing, (2) if the board fails to prepare and submit the report
required by section
, or (3) after missing three consecutive meetings. The chair of the board
shall inform the appointing authority of a member missing the three consecutive meetings. After
the second consecutive missed meeting and before the next meeting, the secretary of the board
shall notify the member in writing that the member may be removed for missing the next meeting.
In the case of a vacancy on the board, the appointing authority shall appoint a person to fill the
vacancy for the remainder of the unexpired term.
History: 1975 c 136 s 51; 1976 c 222 s 205; 1984 c 571 s 3; 1986 c 444; 1987 c 354 s 5;
1990 c 506 art 2 s 20; 1993 c 80 s 6; 2001 c 61 s 3; 1Sp2001 c 10 art 2 s 70