Request By:
Mr. Robert C. Stockler
Chairman
Kentucky Board for Licensing
Hearing Aid Dealers
Berry Hill Annex
U.S. 60 West
Frankfort, Kentucky 40602
Opinion
Opinion By: Steven L. Beshear, Attorney General; William L. Davis, Assistant Attorney General
This will acknowledge receipt of your letter to this Office dated February 23, 1983. In said letter, you submitted the following:
KRS 334.140 defines the terms of members of the Kentucky Board for Licensing Hearing Aid Dealers, and states, in part,". . . no member shall serve more than one (1) consecutive term. "
If a member resigns or is removed during the term of his appointment, and another person is appointed to fill the remainder of that term, at its conclusion may this person then be appointed to a full term?
It will be necessary to note from the outset four basic principles of statutory construction before responding to your inquiry. First, the process of interpreting statutory language requires courts to be guided by the intention of the legislature. That intent is to be drawn from the meaning expressed or reasonably implied in the language used. Commonwealth v. Carroll County Fiscal Court, Ky.App., 633 S.W.2d 720, 722 (1982). Second, when a statute defines words used therein we look to the legislative definition rather than the dictionaries or common usage. George Wohrley, Inc. v. Commonwealth, Department of Revenue, Ky., 495 S.W.2d 173, 174 (1973). Third, a statute must not be interpreted so as to bring about an unreasonable result. George v. Alcoholic Beverage Control Board, Ky., 421 S.W.2d 569, 571 (1967); Pewee Valley Fire Protection Dist. v. South Oldham Fire Protection Dist., Ky.App., 570 S.W.2d 290, 292 (1978).
Fourth, it is a primary rule of statutory construction that the enumeration of particular things excludes the idea of something else not mentioned. Smith v. Wedding, Ky., 303 S.W.2d 322, 323 (1957).
Turning our attention to the matter you submitted, we must first examine the entire language of KRS 334.140. KRS 334.140 states:
State board of hearing aid dealers. - (1) There is hereby created the "Kentucky Board for Licensing Hearing Aid Dealers. "
(2) The board shall be composed of nine (9) members who shall be appointed by the governor within thirty (30) days after June 16, 1972. Terms of office shall be for four (4) years. Appointments shall be scheduled so that two (2) appointments shall be made every year, except the fourth year when one (1) appointment shall be made. To accomplish this, initial appointments shall be made on the following schedule: Two (2) for one (1) year; three (3) for two (2) years; two (2) for three (3) years; and two (2) for four (4) years. All terms shall expire on July 31 of designated year. Each member shall serve for the term of his appointment and until his successor has been appointed and qualified. In the event of a vacancy on the board, a new member shall be appointed to serve out the unexpired term. No member shall serve more than one (1) consecutive term. The governor may remove a member only for cause.
(3) Five (5) members shall be hearing aid dealers. The initial appointees shall have at least five (5) years' experience as dealers. Those appointed thereafter shall be licensed under this chapter. The governor shall consider nominations from the Kentucky Hearing Aid Dealers Association. There shall not be two (2) members from the same place of business serving on the board at the same time.
(4) One (1) member shall be a physician licensed to practice medicine in Kentucky and specializing in otology and otolaryngology.
(5) One (1) member shall be an audiologist holding at least a master's degree from a recognized college or university having the certification of clinical competence in audiology from the American Speech and Hearing Association.
(6) One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated.
(7) One (1) member shall be the secretary for human resources or his representative.
(8) Five (5) members of the nine (9) members of the board, including either the physician or the audiologist, when properly convened, may conduct the business of the board." [Emphasis added].
Although the phrase "term of office" is not among the words defined in KRS 334.010, the highest court in this state on several occasions has defined the phrase "term of office" . In Schardein v. Harrison, 230 Ky. 1, 18 S.W.2d 316, 317 (1929); McGinnis v. Cossar, 230 Ky. 213, 18 S.W.2d 988 (1929); Mullins v. Jones, 290 Ky. 796, 162 S.W.2d 761, 763 (1942); and Gerald v. Judd, Ky., 331 S.W.2d 119, 120 (1959), this language was found to be acceptable:
"Term" is thus identified and defined as a certain and fixed period of four years. It commences when the mayor is elected and inducted into office and ends at the end of the four years for which he was elected. One or several persons may discharge the duties of the office during this period, but the term is not divided into smaller terms by the number of persons who may fill the office. It remains one and indivisible, and term follows term in successive cycles of four years each. Nor does it die with the incumbent. On the contrary, if the incumbent or the one elected to the office shall resign, refuse to qualify, or be impeached or removed from office, the term remains unbroken until the recurring election for that office. When so considered, the words "No mayor, after the expiration of the term of office to which he has been elected . . . shall be eligible for the succeeding term," evidently refer to a term of four years, and mean that a mayor who is elected to a full term may not be re-elected within eight years.
Furthermore, KRS 334.140(2) states that "Terms of office shall be four (4) years."
Based upon the foregoing authorities, it is our opinion that the words "No member shall serve more than one (1) consecutive term" evidently refer to a term of four (4) years, and mean that a member who is appointed to a fullterm may not be reappointed within eight (8) years.
Therefore, we are of the opinion that a new member who has been appointed to serve out an unexpired term due to a vacancy on the board can be appointed to serve a full term immediately after he has completed the unexpired term of another.
We hope that the Office of the Attorney General has been of some assistance in this matter.