§ 31-5-2.1. Motor vehicle dealers license and hearing board.
(a) A board composed of a total of five (5) members, two (2) of which shall be licensed
automobile dealers, one new car Rhode Island licensed automobile dealer, and one used
car Rhode Island licensed automobile dealer, each to serve a three (3) year term;
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 revenue appointed by the director of revenue shall serve
a five (5) year term, and one licensed Rhode Island attorney in good standing shall
serve a seven (7) year term. The two (2) automobile dealers and 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 §§ 31-5-5 — 31-5-9 and § 31-5-34. The board shall have supervision over the license with respect to all of the provisions
of §§ 31-5-1 — 31-5-39 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 §§ 31-5-1 — 31-5-20, and §§ 31-5-33 — 31-5-39 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
revenue.
(d) The board shall constitute an agency and shall follow the Administrative Procedure
Act, chapter 35 of title 42, and its decisions are appealable to the superior court.
(e) A member of the board may be removed for cause by the director of revenue after a
hearing conducted by the director determining that cause exists and a written decision
explaining the reason for the removal. The director's decision of removal shall be
appealable to the superior court.
(f) The members of the Rhode Island dealers hearing board serving as of August 31, 1993
shall serve out their respective terms of office 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 this individual will
serve out the remainder of the unexpired term of the vacancy.
(g) The director of revenue shall provide suitable office space for the 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 §§ 31-5-1 — 31-5-20 and §§ 31-5-33 — 31-5-39.
(h) Members of the board shall serve without salary, nor shall they be compensated for
attendance at board meetings, however, members of the board shall be reimbursed for
their actual expenses necessarily incurred in the performance of their duties. The
department of revenue shall provide funds to pay said expenses. Also, the department
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, that invalidity will not affect remaining portions of this section.