CHAPTER 61
H.P. 293 - L.D. 391
An Act To Amend the Maine Motor Vehicle Franchise Board Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §9051, sub-§1, as amended by PL 1991, c. 885, Pt. D, §2, is further amended to read:
1. Adjudicatory proceeding. In any adjudicatory proceedings, except those proceedings involving correctional facilities, the Workers' Compensation Board, the Maine Motor Vehicle Franchise Board or the State Parole Board, the procedures of this subchapter shall apply.
Sec. 2. 10 MRSA §1187, sub-§1, as enacted by PL 2003, c. 356, §12, is amended to read:
1. Membership. The board consists of 7 regular members and 4 alternate members:
A. Six Ten members appointed by the Governor:
(1) Three regular members and 2 alternate members who are or have been franchised new motor vehicle dealers in the State of Maine;
(2) A regular member and an alternate member who is are or has have been an employee employees or representative representatives of a franchisor franchisors; and
(3) Two regular members and one alternate member who are members of the public; and
B. One regular member appointed by the Secretary of State who is not and has not been either a motor vehicle dealer or manufacturer representative and who is an attorney employed by the Secretary of State and assigned to the Bureau of Motor Vehicles.
Sec. 3. 10 MRSA §1187, sub-§3, as enacted by PL 2003, c. 356, §12, is amended to read:
3. Terms. Appointments Regular appointments to the board are for 5-year terms. A member may not serve more than 2 consecutive 5-year terms. The terms of the initial board members must be staggered, with 2 members serving a term of 3 years, 2 members serving a term of 4 years and 2 members serving a term of 5 years. Alternate members are appointed for 5-year terms. The term of the member who serves as chair is without limit.
Sec. 4. 10 MRSA §1188, sub-§§5 and 6, as enacted by PL 2003, c. 356, §12, are amended to read:
5. Interim order. Shall levy a civil penalty pursuant to section 1171-B, subsection 3 when a party to a complaint under this subchapter is found to have recklessly or knowingly failed, neglected or refused to comply with an interim order issued by the board; and
6. Procedures. May appoint persons to be present at the deposition of out-of-state witnesses, administer oaths, issue subpoenas to compel the presence of witnesses or documents and authorize stenographic or recorded transcripts of proceedings.; and
Sec. 5. 10 MRSA §1188, sub-§7 is enacted to read:
7. Alternate members. Alternates are empowered to hear cases and carry out other duties of the board when regular board members from the same category are unable or unwilling to carry out those duties. The chair shall select alternate members to perform duties under this subsection.
Effective September 17, 2005.
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