40-305. REMOVAL OF BOARD MEMBERS. The governor may remove any board member for incompetency, inefficiency, intemperance, misconduct in office, neglect or dereliction of duty. Charges in writing, setting forth fully and concisely the cause and grounds of removal, together with a citation directing the member within fifteen (15) days after the service of the charges and citation to appear and be afforded a public hearing in the office of the governor, shall be effected by delivering a copy of the charges to the member or mailing it by United States registered mail in a sealed envelope with postage fully prepaid, addressed to the member at his last address of record. The appearance may be personal or by answer, and by counsel. Service of the charges and citation shall be complete if delivered personally at the time of delivery, and if mailed at the time of deposit in accordance with the provisions of the Code of Civil Procedure relating to service by mail. A complete transcript of the hearing, including the charges, answers, exhibits and testimony and proceedings, findings, decision and order, shall be made. If the member is removed from office, the completed transcript shall within ten (10) days after the decision be filed with the secretary of state.
History:
[40-305, added 1985, ch. 253, sec. 2, p. 596.]
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