dissenting:
Respectfully, I dissent. The dictates of KRS 164.005(5) are not ambiguous and clearly outline the responsibilities of the parties. It is also important to note that the constitutionality of KRS 164.005(5)(a) or (b) has not been challenged under §§27 or 28 of the Kentucky Constitution. KRS 164.005(5) deals specifically with a vacancy on the Board of Regents of certain Kentucky universities including Murray State University. The nominating committee shall submit three nominations to the Governor for each vacancy. KRS 164.005(5)(a). “The Governor shall select the appointees from among the nominees.” KRS 164.005(5)(a) (emphasis added). If the Governor fails to act within sixty days, the appointment is made by the committee. KRS 164.005(5)(c).
Nothing in the record below suggests that any of the nominees were unqualified or that the Governor was attempting to strike a gender balance.2 This portion of the statute was enacted in 1992 and makes *825no reference to the ability of a Governor to refuse to make an appointment.
The Governor relied on KRS 12.070(3), initially enacted in 1962, the more general statute, which allows the Governor to reject a list of nominees for a board or commission and request a second list. This statute was subsequently amended in 1994 to emphasize the importance of minority representation on various boards and commissions. The Governor may go outside the list if seeking to appoint a minority so as to ensure proportionate representation. Again, there is nothing in the record before this Court to suggest the Governor was trying to ensure minority representation.
KRS 164.005(5) and KRS 12.070(3) are in conflict as to the question of whether a governor can reject a list of qualified nominees for an appointment to a board of regents. “The applicable rule of statutory construction is where there is both a specific statute and a general statute seemingly applicable to the same subject is that the specific statute controls.” Meyers v. Chapman Printing Co., Inc., 840 S.W.2d 814, 819 (Ky.1992). See also Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354, 360 (Ky.2005). “This is especially true where the special act is later in point of time.” Morton v. Auburndale Realty Co., 340 S.W.2d 445, 446 (Ky.1960), citing Oppenheimer v. Commonwealth, 305 Ky. 147, 202 S.W.2d 373 (1947) and Shannon v. Burke, 276 Ky. 773, 125 S.W.2d 238, 239 (1939). Even if there were no conflict, the later statute would control. Shannon, supra, at 239.
To the extent the Governor may reject a list of nominees in order to ensure racial and gender diversity and parity, I agree with the majority that KRS 12.070(3) and KRS 164.005(5) can be interpreted in tandem to achieve those goals. The intent of the General Assembly in formulating the nominating committee, as well as the nominating process, is obvious. KRS 164.005(2)(b) strives to insure the nominating committee is racially and gender diverse, representative of the political parties of the Commonwealth and free of potential conflicts, vis-a-vis other post-secondary entities. The nominating committee is required to submit to the Governor a list of three qualified individuals. KRS 164.005(5)(a). If a particular gender balance is necessary, only members of that sex shall be submitted for consideration. If racial diversity is sought, KRS 12.070 provides the appropriate remedy.
Because I believe the Governor exceeded the authority granted under KRS 12.070(3) and the clear mandate of KRS 164.005(5)(a) and (c), I would reverse the judgment of the Franklin Circuit Court and remand this matter with instructions that the Governor select a nominee from the first list of qualified applicants.
. For some unknown reason, KRS 164.005(5)(a) is only concerned with maintaining a balance between the genders of persons serving as regents. Likewise, KRS 164.321, which dictates the composition of a board of regents, is concerned only with the gender balance.