Quorum and panel procedures for state agency contested case hearings and disciplinary matters

Notwithstanding any law, for an agency of state government created pursuant to this title or title 68, chapter 24, 29, or 140, three (3) or more members constitute a quorum for all contested case hearings and disciplinary matters, and the presiding officer of the agency is authorized, when necessary, to split the agency into panels of three (3) or more, each to conduct contested case hearings or disciplinary matters. A majority vote of the members present on any duly constituted panel is required to authorize an agency to take action in disciplinary matters and contested case hearings. The presiding officer of the agency is authorized to appoint members of the agency's governing body to serve on the panels, as the presiding officer deems necessary, regardless of the grand division from which the appointed member was chosen or the member's status as licensee of the agency or citizen member. The existence of a citizen member of the agency's governing body creates no rights in an individual concerning the composition of a panel in a disciplinary matter or contested case hearing. Notwithstanding § 4-5-314(e), if a member of a panel is unable to carry out the member's duties prior to the time a final order is rendered, then a new member must only be appointed to the panel if the panel does not have enough members remaining to constitute a quorum required by this section for contested case hearings or disciplinary matters. If a new member is appointed to the panel, then the member shall use the existing record and may conduct further proceedings as is necessary in the interest of justice. A decision by the panel is deemed an order of the board.