Title 43, Chapter 1, Section 2
( 43-1-2)
(a)(1) There is created within the office of the Secretary of
State the professional licensing boards division as successor to
the office of the joint-secretary of the state examining boards.
The Secretary of State is authorized and directed to appoint a
director of the professional licensing boards division. (2) Any action of the joint-secretary taken with regard to any
state examining board prior to July 1, 2000, shall thereafter be
deemed to be action taken by the director of the professional
licensing boards division and that division director shall
thereafter act in the stead of such joint-secretary and succeed to
the powers and duties of the joint-secretary with regard to those
state examining boards. The rights, privileges, entitlements, or
duties of parties to contracts, leases, agreements, or other
transactions entered into by the joint-secretary prior to July 1,
2000, shall continue to exist and shall not be impaired or
diminished by reason of the succession of the division director to
the powers and duties of the joint-secretary. (b) The salary of the division director shall be fixed by the
Secretary of State, and he or she shall hold office at the pleasure
of the Secretary of State. (c) The Secretary of State, notwithstanding any other provisions of
law to the contrary, shall employ personnel as deemed necessary to
carry out this chapter and to provide for all services required by
each of the professional licensing boards and shall establish within
the guidelines provided by the laws and rules and regulations of the
state merit system the qualifications of such personnel. (d) The division director, with the approval of the Secretary of
State, notwithstanding any other provisions of law to the contrary,
shall enter into such contracts as are deemed necessary to carry out
this chapter to provide for all services required by each of the
professional licensing boards. (e) The Secretary of State, notwithstanding any other provisions of
law to the contrary, shall have the power to employ and shall set
the qualifications and salary for a deputy division director and
shall appoint executive directors as required who shall act in the
absence of the division director and who shall perform such other
functions of the division director under this chapter as the
division director may designate. The deputy division director and
executive directors as appointed shall be in the unclassified
service and shall be excluded from the classified service as defined
in Article 1 of Chapter 20 of Title 45. (f) Notwithstanding any other provisions of law to the contrary, each member of the various professional licensing boards may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the various professional licensing boards are subject to approval of the president or chairperson of the respective board and the division director. (g) All meetings and hearings of the respective professional
licensing boards shall be held in the capitol, at the site of the
office of the respective board, or at such other site as may be
requested by the chairperson or president of a professional
licensing board and approved by the division director. (h) A majority of the appointed members of a professional licensing
board shall constitute a quorum for the transaction of business by
that board. (i) A schedule of all meetings and hearings of the various
professional licensing boards shall be maintained at the office of
the division director and be available for public review. (j) The division director shall establish administrative standards
for the examination of applicants for licensure by the various
professional licensing boards, notwithstanding any other provisions
of law to the contrary. These administrative standards shall
include the setting of date, time, and location of examinations,
subject to the approval of the respective professional licensing
boards. Notwithstanding any other provisions of law to the
contrary, examination criteria, examination grading procedures,
examination fees, examination passing score requirements, and other
matters pertaining to the examination of applicants for licensure
may be adopted by rules of the respective professional licensing
boards as necessary to implement such examination standards.
Examination standards, including examination criteria, grading
procedures, and passing score requirements, developed in agreement
or in conjunction with a national association of state boards or
other related national association for the administration of a
nationally recognized uniform examination may be adopted in lieu of
state standards by the respective professional licensing boards. (k) The division director shall prepare and maintain a roster
containing the names and addresses of all current licensees for each
of the various professional licensing boards. A copy of this roster
shall be available to any person upon request at a fee prescribed by
the division director sufficient to cover the cost of printing and
distribution. The following shall be treated as confidential and
need not be disclosed without the approval of the professional
licensing board to which application is made: (1) Applications and other personal information submitted by
applicants, except to the applicant, staff, and the board; (2) Information, favorable or unfavorable, submitted by a
reference source concerning an applicant, except to the staff and
the board; (3) Examination questions and other examination materials, except
to the staff and the board; and
(4) The deliberations of the board with respect to an application,
an examination, a complaint, an investigation, or a disciplinary
proceeding, except as may be contained in official board minutes. (l) Funding for the office of the division director and the various
professional licensing boards served by such office shall be
contained in a common budget unit as defined in Part 1 of Article 4
of Chapter 12 of Title 45, the "Budget Act." |