Utah's commissioner of higher education is calling for the board of the Utah College of Applied Technology to withdraw its appointment for president.

Commissioner William Sederburg says that the board not only broke state law when it appointed Robert O. Brems as UCAT president, but that members also need to withdraw the appointment to ensure the "future credibility" of the system.

Brems initially resigned as UCAT president in 2007 after a state audit was released that was critical of his time as president of the Mountainland Applied Technology College in Utah County. The audit accused MATC officials of inaccurately reporting employee income, breaking the open meetings law and falsifying account records. It was also critical of the transition package Brems was given when he left MATC for UCAT, as well as conflicts of interest in purchasing.

Sederburg was initially critical of the board's choice of Brems for a second time, but on Tuesday released a letter that went significantly further in his condemnation.

Sederburg says the board violated state law by first taking action without placing it on a meeting agenda, and second, members failed to publicly disclose the names of final candidates.

"If UCAT is to merit respect within the educational community and with the Legislature, governor and citizenry, it is critical that we operate as a professional board and follow state laws and standard operating procedure," he wrote to the board.

Tom Bingham, chairman of the UCAT board, said he has turned Sederburg's letter over to legal council for a recommendation and expects a response "in a day or so."

The Attorney General's Office declined to comment on the matter, citing attorney-client privilege.

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