B.__One 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.

2.__Chair.__The member appointed by the Secretary of State is the chair of the board.__The chair shall:

A.__Act as the presiding officer in all matters that come before the board;

B.__Make preliminary rulings on discovery and other questions;

C.__Participate fully in board deliberations; and

D.__Vote on the merits of complaints that come before the board only when necessary to break a tie.

3.__Terms.__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.__The term of the member who serves as chair is without limit.

4.__Vacancy.__Any vacancy on the board must be filled by the Governor or the Secretary of State by appointment of a person of the same category as the board member being replaced to hold office for the unexpired term.

5.__Compensation.__With the exception of the chair, whose position is funded pursuant to section 1187-A, members of the board are entitled to a per diem of $100 for each day actually engaged in the performance of their duties and may be reimbursed for reasonable and necessary expenses incurred in carrying out their duties.

6.__Rulemaking.__The board shall adopt rules to implement the provisions of this section.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

7.__Affiliation.__The board is affiliated with the Department of the Secretary of State, Bureau of Motor Vehicles.