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Utah Code § 53E-3-1319

Constitutional limitations on removal

Enacted by Chapter 181, 2026 General Session

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.