§ 46-12.9-8 - Review board.
SECTION 46-12.9-8
§ 46-12.9-8 Review board. – (a) There is hereby authorized, created and established the "undergroundstorage tank review board," to approve, modify, or deny disbursements toeligible parties and to have such other powers as are provided herein.
(b) The review board shall consist of nine (9) members, asfollows: the director of the department of environmental management or his orher designee who shall be a subordinate within the department of environmentalmanagement. The governor, with the advice and consent of the senate, shallappoint eight (8) public members one of whom shall have expertise andexperience in financial matters. In making these appointments the governorshall give due consideration to recommendations from the American PetroleumInstitute, the Independent Oil Marketers Association, the Oil Heat Institute,the Environment Council, the Independent Oil Dealers Association and the RhodeIsland Marine Trade Association. The newly appointed members will serve for aterm of three (3) years commencing on the day they are qualified. Any vacancywhich may occur on the board shall be filled by the governor, with the adviceand consent of the senate, for the remainder of the unexpired term in the samemanner as the member's predecessor as prescribed in this section. The membersof the board shall be eligible to succeed themselves. Members shall serve untiltheir successors are appointed and qualified. No one shall be eligible forappointment unless he or she is a resident of this state. The members of theboard shall serve without compensation. Those members of the board as of theeffective date of this act [July 15, 2005] who were appointed to theboard by members of the general assembly shall cease to be members of the boardon the effective date of this act, and the governor shall thereupon nominatethree (3) members, each of whom shall serve the balance of the unexpired termof his or her predecessor. Those members of the board as of the effective dateof this act [July 15, 2005] who were appointed to the board by thegovernor shall continue to serve the balance of their current terms.Thereafter, the appointments shall be made by the governor as prescribed inthis section.
(c) When claims are pending, the review board shall meet atthe call of the chair. All meetings shall be held consistent with chapter 46 oftitle 42.
(d) The review board and its corporate existence shallcontinue until terminated by law. Upon termination of the existence of thereview board, all its rights and properties shall pass to and be vested in thestate.
(e) The review board shall have the following powers andduties, together with all powers incidental thereto or necessary for theperformance of those stated in this chapter:
(1) To elect or appoint officers and agents of the reviewboard, and to define their duties:
(2) To make and alter bylaws, not inconsistent with thischapter, for the administration of the affairs of the review board. Such bylawsmay contain provisions indemnifying any person who is or was a director or amember of the review board, in the manner and to the extent provided in §7-6-6 of the Rhode Island nonprofit corporation act;
(3) To approve and submit an annual report within ninety (90)days after the end of each fiscal year to the governor, the speaker of thehouse of representatives, the president of the senate, and the secretary ofstate, of its activities during that fiscal year. The report shall provide: anoperating statement summarizing meetings or hearings held, including meetingminutes, subjects addressed, and decisions rendered; a summary of the reviewboard's actions, fees levied, collected or received as prescribed in§§ 46-12.9-7 and 46-12.9-11, claims submitted, verified, approved,modified, and denied as prescribed in § 46-12.9-7, and reconsiderationhearings held as prescribed in § 46-12.9-9; a synopsis of any law suits orother legal matters related to the authority of the review board; and a summaryof performance during the previous fiscal year including accomplishments,shortcomings and remedies; a briefing on anticipated activities in the upcomingfiscal year; and findings and recommendations for improvements; and a summaryof any training courses held pursuant to subdivision (f)(15) of this section.The report shall be posted electronically as prescribed in § 42-20-8.2.
(4) To conduct a training course for newly appointed andqualified members and new designees of ex-officio members within six (6) monthsof their qualification or designation. The course shall be developed by theexecutive director, approved by the board, and conducted by the executivedirector. The board may approve the use of any board or staff members or otherindividuals to assist with training. The training course shall includeinstruction in the following areas: the provisions of chapters 46-12.9, 42-46,36-14, and 38-2; and the boards rules and regulations. The director of thedepartment of administration shall, within ninety (90) days of the effectivedate of this act [July 15, 2005], prepare and disseminate trainingmaterials relating to the provisions of chapters 36-14, 38-2, and 42-46.
(f) Upon the passage of this act and the appointment andqualification of the three (3) new members prescribed in subsection (b) of thissection, the board shall elect from among its members a chair. Thereafter, theboard shall elect annually in February a chair from among the members. Theboard may elect from among its members such other officers as it deemsnecessary.
(g) Six (6) members of the board shall constitute a quorumand the vote of the majority of the members present shall be necessary andshall suffice for any action taken by the board. No vacancy in the membershipof the board shall impair the right of a quorum to exercise all of the rightsand perform all of the duties of the board.
(h) Members of the board shall be removable by the governorpursuant to section 36-17 and removal solely for partisan or personal reasonsunrelated to capacity or fitness for the office shall be unlawful.