This section sets the process for filling board vacancies, including nomination rules, ballot deadlines, and the governor’s appointment role.
§1175. Appointment process; vacancies A. The governor shall appoint the members of the board in accordance with other provisions of this Section and the state constitution. B. When a vacancy occurs in the membership of the board representing one of the eight districts for any reason, including expiration of term, removal, resignation, death, disability, or disqualification, the following nominating process shall be satisfied: (1) The pharmacist making the nomination shall be a resident of the district where the vacancy occurs. (2) The pharmacist nominee shall be a resident of the district where the vacancy occurs. (3) Nomination ballots shall be returned to the board office at least sixty days prior to a vacancy occurring by an expiring term. (4) Nomination ballots shall be returned to the board office at least thirty days following a vacancy occurring by death, resignation, inability to act, or other cause. (5) The nominee shall not have been convicted of a felony. (6) The nominee shall not have been placed on probation by the board. C. When the vacancy in question involves the consumer representative, the governor shall fill the vacancy at his pleasure without following the procedure set forth in Subsection B of this Section, provided the consumer representative meets the requirements for such member specified in this Section. D. The secretary of the board shall be charged with the duty of forwarding to each licensed pharmacist, by United States mail, to the last known address indicated in the board's records, a nomination ballot. The ballot, or an accompanying communication, shall indicate the date, time, and place, for the counting of ballots. At a gathering open to the public, the ballots shall be counted openly by the secretary or by one or more individuals designated by the president. The secretary shall certify to the governor the names of the three nominees receiving the highest number of nominations. From the names submitted to him in this manner, the governor may select and appoint one eligible individual to fill the vacancy in question. E. In the absence of the secretary, or in the event of his inability or failure to act, the duties of the secretary with respect to the mailing and counting of ballots and the certification to the governor shall be performed by the president of the board. F. The successor to each member of the board appointed from a pharmacy district shall be appointed from the district having the same number designation as the district from which the member who is being replaced was appointed. G. Each member of the board appointed from a district to fill a vacancy occurring by death, resignation, inability to act, or other cause, shall serve for the remainder of the term of his predecessor. Acts 1984, No. 875, §1, eff. July 20, 1984; Acts 1989, No. 212, §1, eff. July 28, 1990; Acts 1991, No. 5, §1, eff. Jan. 13, 1992; Acts 1999, No. 767, §1.