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IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2000

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31-5-2.1. Motor Vehicle Dealers License and Hearing Board -- (a) A board composed of a total of five (5) seven (7) members, two (2) three (3) of which shall be licensed automobile dealers, one two (2) new car Rhode Island licensed automobile dealer, and one used car Rhode Island licensed automobile dealer, each to serve a three (3) five (5) year term; one (1) service technician with more than five (5) years of experience as a service technician employed by a new car Rhode Island licensed automobile dealer; one active Rhode Island State Police officer appointed by the Superintendent of Rhode Island State Police and shall serve a five (5) year term; one active employee of the Rhode Island Department of Transportation appointed by the Director of Transportation shall serve a five (5) year term, and one licensed Rhode Island attorney in good standing shall serve a seven (7) five (5) year term. The two (2) three (3) automobile dealers and attorney one (1) service technician shall be appointed by the Governor from a list provided by the Rhode Island Auto Dealer Association. The attorney shall be appointed by the Governor. The board shall be known as the Motor Vehicle Dealers License and Hearing Board.

(b) The Board shall issue the license provided for in sections 31-5-5 -- 31-5-9, and section 31-5-34, inclusive. The Board shall have supervision over the license with respect to all of the provisions of sections 31-5-1 -- 31-5-39, inclusive, and shall have the power to promulgate rules and regulations to fulfill the purposes of this chapter and to protect the public interest. The Board shall have the power to set, from time to time, the maximum number of plates to be issued to each dealer after due investigation and after considering the number of plates reasonably required for the operation of the dealers business and shall have the power to declare and define what constitutes a licensee. The provisions of sections 31-5-1 -- 31-5-20, inclusive, and sections 31-5-33 -- 31-5-39, inclusive, shall be administered by the Board or by any of its duly authorized representatives.

(c) The Board shall have all of the same powers, duties, and responsibilities of the previous Rhode Island Dealers Hearing Board established by the Director of the Department of Transportation.

(d) The Board shall constitute an agency and shall follow the Administrative Procedure Act and its decisions are appealable to the Director of the Rhode Island Department of Transportation. The Director's decision shall be appealable to the Rhode Island Superior Court.

(e) A member of the Board may be removed for cause by the Director of the Rhode Island Department of Transportation after a hearing conducted by the Director of the Rhode Island Department of Transportation determining that cause exists and a written decision explaining the reason for the removal. The Director's decision of said removal shall be appealable to the Rhode Island Superior Court.

(f) The members of the Rhode Island Dealers Hearing Board serving as of August 31, 1993 2000 shall serve out their respective terms of office upon the passage of this section act and will remain on the Motor Vehicle Dealers License and Hearing Board until their respective terms expire and a subsequent appointment is made by the Governor, or respective appointing authority. If a vacancy occurs on the Board for any reason, an individual shall be appointed according to the procedures set forth in subsection (a) of this section and said individual will serve out the remainder of the unexpired term of the vacancy.

(g) The Director of Transportation shall provide suitable office space for said Board and its personnel to suit the public convenience in all proper way to facilitate the work of the Board in carrying out the provisions of sections 31-5-1 -- 31-5-20, inclusive, and sections 31-5-33 to 31-5-39, inclusive.

(h) Members of the board shall serve without salary, however, members of said Board shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Rhode Island Department of Transportation shall provide funds to pay said expenses. Also, the Rhode Island Department of Transportation shall provide legal counsel to the Board to defend and enforce the Board's decision and provide legal advice on any matters that may come before the Board.

(i) If any section, phrase, clause, sentence or part of this section is declared unconstitutional or otherwise invalid, such invalidity will not effect remaining portions of this section.

SECTION 2. This act shall take effect upon passage.

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LC01787
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF

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This act would add one new car Rhode Island licensed automobile dealer and one service technician to the motor vehicle dealers license and hearing board. This act also changes the length of terms.

This act would take effect upon passage.