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Section 804 - Emergency interim successors for state officers.

UT Code § 53-2a-804 (2019) (N/A)
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(1) By July 1 of each year, each state officer shall: (a) designate three qualified emergency interim successors from within the state officer's department who meet the constitutional qualifications for the office, if any; (b) specify their order of succession; (c) provide a list of those designated successors to the division; and (d) notify emergency interim successors within 30 days of designation.

(a) designate three qualified emergency interim successors from within the state officer's department who meet the constitutional qualifications for the office, if any;

(b) specify their order of succession;

(c) provide a list of those designated successors to the division; and

(d) notify emergency interim successors within 30 days of designation.

(2) (a) If any state officer is unavailable following a disaster, and if the state officer's deputy, if any, is also unavailable, a designated emergency interim successor shall exercise the powers and duties of the office according to the order of succession specified by the state officer. (b) An emergency interim successor other than the attorney general, state auditor, or state treasurer shall exercise the state officer's powers and duties only until: (i) the person exercising the powers and duties of the office of governor appoints a successor to fill the vacancy; (ii) a permanent successor is appointed or elected and qualified as provided by law; or (iii) the state officer, the state officer's deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise or resume the exercise of the powers and duties of the office. (c) An emergency interim successor of the attorney general, state auditor, or state treasurer shall exercise the powers and duties of those offices only until: (i) a permanent successor is appointed or elected and qualified as provided by law; or (ii) the attorney general, state auditor, or state treasurer, their deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise or resume the exercise of the powers and duties of the office.

(a) If any state officer is unavailable following a disaster, and if the state officer's deputy, if any, is also unavailable, a designated emergency interim successor shall exercise the powers and duties of the office according to the order of succession specified by the state officer.

(b) An emergency interim successor other than the attorney general, state auditor, or state treasurer shall exercise the state officer's powers and duties only until: (i) the person exercising the powers and duties of the office of governor appoints a successor to fill the vacancy; (ii) a permanent successor is appointed or elected and qualified as provided by law; or (iii) the state officer, the state officer's deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise or resume the exercise of the powers and duties of the office.

(i) the person exercising the powers and duties of the office of governor appoints a successor to fill the vacancy;

(ii) a permanent successor is appointed or elected and qualified as provided by law; or

(iii) the state officer, the state officer's deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise or resume the exercise of the powers and duties of the office.

(c) An emergency interim successor of the attorney general, state auditor, or state treasurer shall exercise the powers and duties of those offices only until: (i) a permanent successor is appointed or elected and qualified as provided by law; or (ii) the attorney general, state auditor, or state treasurer, their deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise or resume the exercise of the powers and duties of the office.

(i) a permanent successor is appointed or elected and qualified as provided by law; or

(ii) the attorney general, state auditor, or state treasurer, their deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise or resume the exercise of the powers and duties of the office.

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