Appointment of Members and Officers

Members of an administrative agency must be appointed in accordance with the applicable constitution and statutes.[i]  Members of an agency must be the proper persons – meaning they have adequate skills, qualifications, experience and expertise – to discharge the duties of the position.  Courts do not have general supervising power over appointments and will not measure the qualifications of state officials.  However, appointments must meet the minimal legal standard in compliance with the applicable state or federal statutes. 

Members and officers of administrative agencies may be executive, administrative or ministerial officers.[ii]  However, members and officers are not judicial officers or judges.  Whether a person is or is not a ministerial officer depends on the intention of the legislature and the general nature and scope of the duties of the office.[iii] 

 

[i] Board of Medical Examiners v. Steward, 203 Md. 574 (Md. 1954)

[ii] Spivey v. State, 69 Okla. Crim. 397 (Okla. Crim. App. 1940)

[iii] State v. Loechner, 65 Neb. 814 (Neb. 1902)


Inside Appointment of Members and Officers