State Codes and Statutes

Statutes > Rhode-island > Title-5 > Chapter-5-38 > 5-38-2

SECTION 5-38-2

   § 5-38-2  Duties of department of businessregulation. – (a) The department of business regulation shall issue licenses as provided forin § 5-38-6; and shall authorize the transfer of licenses and theestablishment of new offices for previously licensed auto body repair shops. Inaddition to licensing, the department's oversight of auto repair shops shall belimited to:

   (1) Acting on complaints from consumers and law enforcementofficials; and

   (2) Revoking, suspending, or taking other disciplinaryactions with respect to facilities, corporations or persons licensed under thischapter; and

   The department of business regulation shall adopt reasonablerules and regulations for the licensing of automobile body repair shops andschools for the instruction in automobile body repair.

   (b) To establish within the department of businessregulation, divisions of commercial licensing and regulation, the autocollision repair licensing advisory board consisting of nine (9) membersappointed by the governor, consisting of the following, who shall serve a termof five (5) years:

   (1) One president or his or her designee from an associationof independent, non-networked, Rhode Island auto body shops;

   (2) Two (2) representatives from the department of businessregulation;

   (3) One from the association of new car dealers;

   (4) One from the insurance industry;

   (5) One from law enforcement;

   (6) One from the general public; and

   (7) One from the glass installation/repairers industry; and

   (8) One from an association representing network or directrepair auto body repair shops.

   (c) The board may adopt, amend, and rescind rules andregulations as necessary to carry out the provisions of this chapter with theprior approval of the director.

   (d) The board may oversee investigations of conduct deemedunprofessional against any licensed facility, person, or corporation subject tothis chapter and may hold hearings to determine whether the charges aresubstantiated or unsubstantiated.

   (e) The board may recommend to the director of the departmentof business regulation that the director license qualified applicants.

   (f) The board may meet at least once a month or more oftenupon the call of the chairperson or director of the department of businessregulation.

   (g) To recommend to the director of the department ofbusiness regulation to revoke, suspend or take other disciplinary action withrespect to facilities, corporations or persons licensed under this chapter.

   (h) To adopt and publish with the prior approval of thedirector of the department of business regulation rules of procedure and otherregulations in accordance with the Administrative Procedure Act, chapter 35 oftitle 42.

   (i) The board members shall receive no compensation.

   (j) Following each monthly board meeting, the board may, ifconsistent with the public interest, submit any: (1) unresolved issuereasonably related to its jurisdiction under this statute to the director ofthe department of business regulation for his or her review at his or herdiscretion; or (2) seek a declaratory ruling pursuant to central managementregulation 3 ("declaratory rulings and petitions from the director") as to anyunresolved issue within the scope of this statute.

   (k) Board members shall continue to serve until theirreplacement is named.

State Codes and Statutes

Statutes > Rhode-island > Title-5 > Chapter-5-38 > 5-38-2

SECTION 5-38-2

   § 5-38-2  Duties of department of businessregulation. – (a) The department of business regulation shall issue licenses as provided forin § 5-38-6; and shall authorize the transfer of licenses and theestablishment of new offices for previously licensed auto body repair shops. Inaddition to licensing, the department's oversight of auto repair shops shall belimited to:

   (1) Acting on complaints from consumers and law enforcementofficials; and

   (2) Revoking, suspending, or taking other disciplinaryactions with respect to facilities, corporations or persons licensed under thischapter; and

   The department of business regulation shall adopt reasonablerules and regulations for the licensing of automobile body repair shops andschools for the instruction in automobile body repair.

   (b) To establish within the department of businessregulation, divisions of commercial licensing and regulation, the autocollision repair licensing advisory board consisting of nine (9) membersappointed by the governor, consisting of the following, who shall serve a termof five (5) years:

   (1) One president or his or her designee from an associationof independent, non-networked, Rhode Island auto body shops;

   (2) Two (2) representatives from the department of businessregulation;

   (3) One from the association of new car dealers;

   (4) One from the insurance industry;

   (5) One from law enforcement;

   (6) One from the general public; and

   (7) One from the glass installation/repairers industry; and

   (8) One from an association representing network or directrepair auto body repair shops.

   (c) The board may adopt, amend, and rescind rules andregulations as necessary to carry out the provisions of this chapter with theprior approval of the director.

   (d) The board may oversee investigations of conduct deemedunprofessional against any licensed facility, person, or corporation subject tothis chapter and may hold hearings to determine whether the charges aresubstantiated or unsubstantiated.

   (e) The board may recommend to the director of the departmentof business regulation that the director license qualified applicants.

   (f) The board may meet at least once a month or more oftenupon the call of the chairperson or director of the department of businessregulation.

   (g) To recommend to the director of the department ofbusiness regulation to revoke, suspend or take other disciplinary action withrespect to facilities, corporations or persons licensed under this chapter.

   (h) To adopt and publish with the prior approval of thedirector of the department of business regulation rules of procedure and otherregulations in accordance with the Administrative Procedure Act, chapter 35 oftitle 42.

   (i) The board members shall receive no compensation.

   (j) Following each monthly board meeting, the board may, ifconsistent with the public interest, submit any: (1) unresolved issuereasonably related to its jurisdiction under this statute to the director ofthe department of business regulation for his or her review at his or herdiscretion; or (2) seek a declaratory ruling pursuant to central managementregulation 3 ("declaratory rulings and petitions from the director") as to anyunresolved issue within the scope of this statute.

   (k) Board members shall continue to serve until theirreplacement is named.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-5 > Chapter-5-38 > 5-38-2

SECTION 5-38-2

   § 5-38-2  Duties of department of businessregulation. – (a) The department of business regulation shall issue licenses as provided forin § 5-38-6; and shall authorize the transfer of licenses and theestablishment of new offices for previously licensed auto body repair shops. Inaddition to licensing, the department's oversight of auto repair shops shall belimited to:

   (1) Acting on complaints from consumers and law enforcementofficials; and

   (2) Revoking, suspending, or taking other disciplinaryactions with respect to facilities, corporations or persons licensed under thischapter; and

   The department of business regulation shall adopt reasonablerules and regulations for the licensing of automobile body repair shops andschools for the instruction in automobile body repair.

   (b) To establish within the department of businessregulation, divisions of commercial licensing and regulation, the autocollision repair licensing advisory board consisting of nine (9) membersappointed by the governor, consisting of the following, who shall serve a termof five (5) years:

   (1) One president or his or her designee from an associationof independent, non-networked, Rhode Island auto body shops;

   (2) Two (2) representatives from the department of businessregulation;

   (3) One from the association of new car dealers;

   (4) One from the insurance industry;

   (5) One from law enforcement;

   (6) One from the general public; and

   (7) One from the glass installation/repairers industry; and

   (8) One from an association representing network or directrepair auto body repair shops.

   (c) The board may adopt, amend, and rescind rules andregulations as necessary to carry out the provisions of this chapter with theprior approval of the director.

   (d) The board may oversee investigations of conduct deemedunprofessional against any licensed facility, person, or corporation subject tothis chapter and may hold hearings to determine whether the charges aresubstantiated or unsubstantiated.

   (e) The board may recommend to the director of the departmentof business regulation that the director license qualified applicants.

   (f) The board may meet at least once a month or more oftenupon the call of the chairperson or director of the department of businessregulation.

   (g) To recommend to the director of the department ofbusiness regulation to revoke, suspend or take other disciplinary action withrespect to facilities, corporations or persons licensed under this chapter.

   (h) To adopt and publish with the prior approval of thedirector of the department of business regulation rules of procedure and otherregulations in accordance with the Administrative Procedure Act, chapter 35 oftitle 42.

   (i) The board members shall receive no compensation.

   (j) Following each monthly board meeting, the board may, ifconsistent with the public interest, submit any: (1) unresolved issuereasonably related to its jurisdiction under this statute to the director ofthe department of business regulation for his or her review at his or herdiscretion; or (2) seek a declaratory ruling pursuant to central managementregulation 3 ("declaratory rulings and petitions from the director") as to anyunresolved issue within the scope of this statute.

   (k) Board members shall continue to serve until theirreplacement is named.