Tennessee § 62-21-104 - Creation of board — Notification of vacancy — Termination due to vacancy.

§ 62-21-104. Creation of board — Notification of vacancy — Termination due to vacancy.

A seven-member pest control advisory board is created and established. The board shall consist of the commissioner or the commissioner's designated representative, the director of the division of plant industries, a member of the staff of a university of this state, two (2) licensed commercial pest control operators and two (2) Tennessee citizens who are not associated with the pest control industry. The governor shall appoint the members of the board to serve four-year terms, and, in the event of a vacancy, the governor shall appoint an interim member to fill the unexpired portion of the previous member's term. If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs and shall provide a list of qualified persons to be appointed to the board and information regarding the qualified persons that is sufficient for the appointing authority to make an informed decision. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling the vacancy. If the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, the board shall report to the government operations committees of the house of representatives and the senate on why the vacancies have not been filled. If more than one-half (½) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that the board shall wind up its affairs pursuant to § 4-29-112. The board that is terminated pursuant to this subsection (b) shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring or reestablishing the board. This subsection (b) shall only apply if the governor is authorized to make appointments to at least one-half (½) of the positions on the board. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. With the exception of the commissioner, no proxies nor power to designate a representative to serve in the place of a board member shall be allowed. The department shall establish by written policy, rule or regulation, provisions relative to conflicts of interest of board members. Acts 1978, ch. 844, § 4; T.C.A., § 62-2104; Acts 1983, ch. 125, §§ 1, 2; 1988, ch. 545, § 7; 1988, ch. 1013, § 36; 2000, ch. 835, § 3; 2003, ch. 177, § 3; 2020, ch. 640, §§ 2, 3. Compiler's Notes. The pest control advisory board, created by this section, terminates June 30, 2022. See §§ 4-29-112 , 4-29-243 . Acts 2020, ch. 640, § 13 provided that notwithstanding § 4-29-112 , the pest control board created by § 62-21-104 is terminated and ceases to exist on April 1, 2020. Acts 2020, ch. 640, § 15 provided that the members serving on the pest control board on March 31, 2020, may continue to serve on the pest control advisory board until the expiration of the member's term, at the will of the appointing authority. Amendments. The 2020 amendment inserted “advisory” between “control” and “board” in the first sentence of (a); and deleted “when this board sits as a licensing examining board” following “allowed” in (c). Effective Dates. Acts 2020, ch. 640, § 16. April 1, 2020. Attorney General Opinions. Validity of appointment to board, OAG 95-051, 1995 Tenn. AG LEXIS 51 (5/15/95).