13-35-103 - Utah Powersport Vehicle Franchise Advisory Board -- Creation -- Appointment of members -- Alternate members -- Chair -- Quorum -- Conflict of interest.
13-35-103. Utah Powersport Vehicle Franchise Advisory Board -- Creation --Appointment of members -- Alternate members -- Chair -- Quorum -- Conflict of interest.
(1) There is created within the department the Utah Powersport Vehicle FranchiseAdvisory Board that consists of:
(a) the executive director or the executive director's designee; and
(b) six members appointed by the executive director, with the concurrence of thegovernor, as follows:
(i) three new powersport vehicle franchisees, one from each of the three congressionaldistricts in the state; and
(ii) (A) three members representing powersport vehicle franchisors registered by thedepartment pursuant to Section 13-35-105;
(B) three members of the general public, none of whom shall be related to anyfranchisee; or
(C) three members consisting of any combination of these representatives under thisSubsection (1)(b)(ii).
(2) (a) The executive director shall also appoint, with the concurrence of the governor,three alternate members, with at least one alternate from each of the designations set forth inSubsections (1)(b)(i) and (1)(b)(ii), except that the new powersport vehicle franchisee alternate oralternates for the designation under Subsection (1)(b)(i) may be from any congressional district.
(b) An alternate shall take the place of a regular advisory board member from the samedesignation at a meeting of the advisory board where that regular advisory board member isabsent or otherwise disqualified from participating in the advisory board meeting.
(3) (a) (i) Members of the advisory board appointed under Subsections (1)(b) and (2)shall be appointed for a term of four years.
(ii) No specific term shall apply to the executive director or the executive director'sdesignee.
(b) The executive director may adjust the term of members who were appointed to theadvisory board prior to July 1, 2002, by extending the unexpired term of a member for up to twoadditional years in order to insure that approximately half of the members are appointed everytwo years.
(c) In the event of a vacancy on the advisory board of a member appointed underSubsection (1)(b) or (2), the executive director with the concurrence of the governor, shallappoint an individual to complete the unexpired term of the member whose office is vacant.
(d) A member may not be appointed to more than two consecutive terms.
(4) (a) The executive director or the executive director's designee shall be the chair of theadvisory board.
(b) The department shall keep a record of all hearings, proceedings, transactions,communications, and recommendations of the advisory board.
(5) (a) Four or more members of the advisory board constitute a quorum for thetransaction of business.
(b) The action of a majority of a quorum present is considered the action of the advisoryboard.
(6) (a) A member of the advisory board may not participate as a board member in aproceeding or hearing:
(i) involving the member's business or employer; or
(ii) when a member, a member's business, family, or employer has a pecuniary interest inthe outcome or other conflict of interest concerning an issue before the advisory board.
(b) If a member of the advisory board is disqualified under Subsection (6)(a), theexecutive director shall select the appropriate alternate member to act on the issue before theadvisory board as provided in Subsection (2).
(7) Except for the executive director or the executive director's designee, an individualmay not be appointed or serve on the advisory board while holding any other elective orappointive state or federal office.
(8) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
(9) The department shall provide necessary staff support to the advisory board.
Amended by Chapter 286, 2010 General Session