§ 31-5-2.1 Motor vehicle dealers licenseand hearing board. – (a) A board composed of a total of five (5) members, two (2) of which shall belicensed automobile dealers, one new car Rhode Island licensed automobiledealer, and one used car Rhode Island licensed automobile dealer, each to servea three (3) year term; one active Rhode Island state police officer appointedby the superintendent of Rhode Island state police and shall serve a five (5)year term; one active employee of the Rhode Island department of revenueappointed by the director of revenue shall serve a five (5) year term, and onelicensed Rhode Island attorney in good standing shall serve a seven (7) yearterm. The two (2) automobile dealers and attorney shall be appointed by thegovernor. The board shall be known as the motor vehicle dealers license andhearing board.
(b) The board shall issue the license provided for in§§ 31-5-5 – 31-5-9 and § 31-5-34. The board shall havesupervision over the license with respect to all of the provisions of§§ 31-5-1 – 31-5-39 and shall have the power to promulgate rulesand regulations to fulfill the purposes of this chapter and to protect thepublic interest. The board shall have the power to set, from time to time, themaximum number of plates to be issued to each dealer after due investigationand after considering the number of plates reasonably required for theoperation of the dealers business, and shall have the power to declare anddefine what constitutes a licensee. The provisions of §§ 31-5-1– 31-5-20, and §§ 31-5-33 – 31-5-39 shall be administeredby the board or by any of its duly authorized representatives.
(c) The board shall have all of the same powers, duties, andresponsibilities of the previous Rhode Island dealers hearing board establishedby the director of the department of revenue.
(d) The board shall constitute an agency and shall follow theAdministrative Procedure Act, chapter 35 of title 42, and its decisions areappealable to the superior court.
(e) A member of the board may be removed for cause by thedirector of revenue after a hearing conducted by the director determining thatcause exists and a written decision explaining the reason for the removal. Thedirector's decision of removal shall be appealable to the superior court.
(f) The members of the Rhode Island dealers hearing boardserving as of August 31, 1993 shall serve out their respective terms of officeand will remain on the motor vehicle dealers license and hearing board untiltheir respective terms expire and a subsequent appointment is made by thegovernor, or respective appointing authority. If a vacancy occurs on the boardfor any reason, an individual shall be appointed according to the proceduresset forth in subsection (a) of this section and this individual will serve outthe remainder of the unexpired term of the vacancy.
(g) The director of revenue shall provide suitable officespace for the board and its personnel to suit the public convenience in allproper way to facilitate the work of the board in carrying out the provisionsof §§ 31-5-1 – 31-5-20 and §§ 31-5-33 – 31-5-39.
(h) Members of the board shall serve without salary, norshall they be compensated for attendance at board meetings, however, members ofthe board shall be reimbursed for their actual expenses necessarily incurred inthe performance of their duties. The department of revenue shall provide fundsto pay said expenses. Also, the department shall provide legal counsel to theboard to defend and enforce the board's decision and provide legal advice onany matters that may come before the board.
(i) If any section, phrase, clause, sentence or part of thissection is declared unconstitutional or otherwise invalid, that invalidity willnot effect remaining portions of this section.
§ 31-5-2.1 Motor vehicle dealers licenseand hearing board. – (a) A board composed of a total of five (5) members, two (2) of which shall belicensed automobile dealers, one new car Rhode Island licensed automobiledealer, and one used car Rhode Island licensed automobile dealer, each to servea three (3) year term; one active Rhode Island state police officer appointedby the superintendent of Rhode Island state police and shall serve a five (5)year term; one active employee of the Rhode Island department of revenueappointed by the director of revenue shall serve a five (5) year term, and onelicensed Rhode Island attorney in good standing shall serve a seven (7) yearterm. The two (2) automobile dealers and attorney shall be appointed by thegovernor. The board shall be known as the motor vehicle dealers license andhearing board.
(b) The board shall issue the license provided for in§§ 31-5-5 – 31-5-9 and § 31-5-34. The board shall havesupervision over the license with respect to all of the provisions of§§ 31-5-1 – 31-5-39 and shall have the power to promulgate rulesand regulations to fulfill the purposes of this chapter and to protect thepublic interest. The board shall have the power to set, from time to time, themaximum number of plates to be issued to each dealer after due investigationand after considering the number of plates reasonably required for theoperation of the dealers business, and shall have the power to declare anddefine what constitutes a licensee. The provisions of §§ 31-5-1– 31-5-20, and §§ 31-5-33 – 31-5-39 shall be administeredby the board or by any of its duly authorized representatives.
(c) The board shall have all of the same powers, duties, andresponsibilities of the previous Rhode Island dealers hearing board establishedby the director of the department of revenue.
(d) The board shall constitute an agency and shall follow theAdministrative Procedure Act, chapter 35 of title 42, and its decisions areappealable to the superior court.
(e) A member of the board may be removed for cause by thedirector of revenue after a hearing conducted by the director determining thatcause exists and a written decision explaining the reason for the removal. Thedirector's decision of removal shall be appealable to the superior court.
(f) The members of the Rhode Island dealers hearing boardserving as of August 31, 1993 shall serve out their respective terms of officeand will remain on the motor vehicle dealers license and hearing board untiltheir respective terms expire and a subsequent appointment is made by thegovernor, or respective appointing authority. If a vacancy occurs on the boardfor any reason, an individual shall be appointed according to the proceduresset forth in subsection (a) of this section and this individual will serve outthe remainder of the unexpired term of the vacancy.
(g) The director of revenue shall provide suitable officespace for the board and its personnel to suit the public convenience in allproper way to facilitate the work of the board in carrying out the provisionsof §§ 31-5-1 – 31-5-20 and §§ 31-5-33 – 31-5-39.
(h) Members of the board shall serve without salary, norshall they be compensated for attendance at board meetings, however, members ofthe board shall be reimbursed for their actual expenses necessarily incurred inthe performance of their duties. The department of revenue shall provide fundsto pay said expenses. Also, the department shall provide legal counsel to theboard to defend and enforce the board's decision and provide legal advice onany matters that may come before the board.
(i) If any section, phrase, clause, sentence or part of thissection is declared unconstitutional or otherwise invalid, that invalidity willnot effect remaining portions of this section.
§ 31-5-2.1 Motor vehicle dealers licenseand hearing board. – (a) A board composed of a total of five (5) members, two (2) of which shall belicensed automobile dealers, one new car Rhode Island licensed automobiledealer, and one used car Rhode Island licensed automobile dealer, each to servea three (3) year term; one active Rhode Island state police officer appointedby the superintendent of Rhode Island state police and shall serve a five (5)year term; one active employee of the Rhode Island department of revenueappointed by the director of revenue shall serve a five (5) year term, and onelicensed Rhode Island attorney in good standing shall serve a seven (7) yearterm. The two (2) automobile dealers and attorney shall be appointed by thegovernor. The board shall be known as the motor vehicle dealers license andhearing board.
(b) The board shall issue the license provided for in§§ 31-5-5 – 31-5-9 and § 31-5-34. The board shall havesupervision over the license with respect to all of the provisions of§§ 31-5-1 – 31-5-39 and shall have the power to promulgate rulesand regulations to fulfill the purposes of this chapter and to protect thepublic interest. The board shall have the power to set, from time to time, themaximum number of plates to be issued to each dealer after due investigationand after considering the number of plates reasonably required for theoperation of the dealers business, and shall have the power to declare anddefine what constitutes a licensee. The provisions of §§ 31-5-1– 31-5-20, and §§ 31-5-33 – 31-5-39 shall be administeredby the board or by any of its duly authorized representatives.
(c) The board shall have all of the same powers, duties, andresponsibilities of the previous Rhode Island dealers hearing board establishedby the director of the department of revenue.
(d) The board shall constitute an agency and shall follow theAdministrative Procedure Act, chapter 35 of title 42, and its decisions areappealable to the superior court.
(e) A member of the board may be removed for cause by thedirector of revenue after a hearing conducted by the director determining thatcause exists and a written decision explaining the reason for the removal. Thedirector's decision of removal shall be appealable to the superior court.
(f) The members of the Rhode Island dealers hearing boardserving as of August 31, 1993 shall serve out their respective terms of officeand will remain on the motor vehicle dealers license and hearing board untiltheir respective terms expire and a subsequent appointment is made by thegovernor, or respective appointing authority. If a vacancy occurs on the boardfor any reason, an individual shall be appointed according to the proceduresset forth in subsection (a) of this section and this individual will serve outthe remainder of the unexpired term of the vacancy.
(g) The director of revenue shall provide suitable officespace for the board and its personnel to suit the public convenience in allproper way to facilitate the work of the board in carrying out the provisionsof §§ 31-5-1 – 31-5-20 and §§ 31-5-33 – 31-5-39.
(h) Members of the board shall serve without salary, norshall they be compensated for attendance at board meetings, however, members ofthe board shall be reimbursed for their actual expenses necessarily incurred inthe performance of their duties. The department of revenue shall provide fundsto pay said expenses. Also, the department shall provide legal counsel to theboard to defend and enforce the board's decision and provide legal advice onany matters that may come before the board.
(i) If any section, phrase, clause, sentence or part of thissection is declared unconstitutional or otherwise invalid, that invalidity willnot effect remaining portions of this section.
