The commission, meeting in Carson City, was advised by the state attorney general's office that Nevada law requires the governor to appoint someone from three finalists recommended by the commission.
To include Montero, appointed to the $117,000-a-year job by the governor on Christmas Eve, would require reopening the entire selection process — something the commission on Monday said it was unwilling to do.
A spokesman for the governor was not immediately available to comment.
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