Vermont § 6021 - Board; vacancy; removal

§ 6021. Board; vacancy; removal

• (a) Board established. The Land Use Review Board is created. (1) The Board shall consist of five members appointed by the Governor after review and
  approval by the Land Use Review Board Nominating Committee in accordance with subdivision
  (2) of this subsection and confirmed with the advice and consent of the Senate, so
  that one appointment expires in each year. The Chair and the other four members shall
  be full-time positions. In making these appointments, the Governor and the Senate
  shall give consideration to candidates who have experience, expertise, or skills relating
  to one or more of the following areas: environmental science; land use law, policy,
  planning, and development; and community planning. All candidates shall have a commitment
  to environmental justice. (A) The Governor shall appoint a chair of the Board, a position that shall be a full-time
  position. The Governor shall ensure Board membership reflects, to the extent possible,
  the racial, ethnic, gender, and geographic diversity of the State. The Board shall
  not contain two members who reside in the same county. (B) Following initial appointments, the members shall be appointed for terms of five years.
  All terms shall begin on July 1 and expire on June 30. A member may continue serving
  until a successor is appointed. The initial appointments shall be for staggered terms
  of one year, two years, three years, four years, and five years. (2)(A) The Land Use Review Board Nominating Committee shall advertise the position when a
  vacancy will occur on the Land Use Review Board. (B) The Nominating Committee shall review the applicants to determine which are well qualified
  for appointment to the Board and shall recommend those candidates to the Governor.
  The names of candidates shall be confidential. (C) The Governor shall appoint, with the advice and consent of the Senate, a chair and
  four members of the Board from the list of well-qualified candidates sent to the Governor
  by the Committee. (b) Terms; vacancy; succession. The term of each appointment subsequent to the initial appointments described in subsection
  (a) of this section shall be five years. Any appointment to fill a vacancy shall be
  for the unexpired portion of the term vacated. A member may seek reappointment by
  informing the Governor. If the Governor decides not to reappoint the member, the Nominating
  Committee shall advertise the vacancy. (c) Removal. Notwithstanding the provisions of 3 V.S.A. § 2004, members shall only be removable for cause by the remaining members of the Board.
  The Board shall adopt rules pursuant to 3 V.S.A. chapter 25 to define the basis and
  process for removal. (d) Disqualified members. The Chair of the Board, upon request of the Chair of a District Commission, may appoint
  and assign former Commission members to sit on specific Commission cases when some
  or all of the regular members and alternates of the District Commission are disqualified
  or otherwise unable to serve. If necessary to achieve a quorum, the Chair of the Board
  may appoint a member of a District Commission who has not worked on the case to sit
  on a specific case before the Board. (e) Retirement from office. When a Board member who hears all or a substantial part of a case retires from office
  before the case is completed, the member may remain a member of the Board, at the
  member’s discretion, for the purpose of concluding and deciding that case and signing
  the findings and judgments involved. A retiring chair shall also remain a member for
  the purpose of certifying questions of law if a party appeals to the Supreme Court.
  For the service, the member shall receive a reasonable compensation to be fixed by
  the remaining members of the Board and necessary expenses while on official business. (Added 1969, No. 250 (Adj. Sess.), § 3, eff. April 4, 1970; amended 1989, No. 234 (Adj. Sess.), § 2; 1991. No. 111, § 1, eff. June 28, 1991; 1993, No. 82, § 1; 1993, No. 232 (Adj. Sess.), § 26, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 48, eff. Jan. 31, 2005; 2013, No. 11, § 9; 2023, No. 181 (Adj. Sess.), § 2, eff. June 17, 2024.)