46.2-2801 - The Board of Towing and Recovery Operators.
§ 46.2-2801. The Board of Towing and Recovery Operators.
A. The Board of Towing and Recovery Operators is hereby created. The Boardshall consist of 17 members as follows:
1. Two members appointed by the Governor, subject to confirmation by theGeneral Assembly, one who shall be licensed as a Class A operator and one whoshall be licensed as a Class B operator and shall be a representative of anautomobile club as defined in § 13.1-400.1 which provides towing and recoveryservices;
2. Five members appointed by the Speaker of the House of Delegates, one whoshall be licensed as a Class A operator, two who shall be licensed as Class Boperators, one who shall be a representative of the Virginia Sheriff'sAssociation and one who shall be a representative of local government;
3. Four members appointed by the Senate Committee on Rules, one who shall belicensed as a Class A operator, two who shall be licensed as Class Boperators, and one who shall be a representative of the Virginia TruckingAssociation who has no direct or indirect interest, other than as a consumer,in or relating to the towing and recovery industry;
4. Three citizens of the Commonwealth appointed at-large, one appointed bythe Governor, one appointed by the Speaker of the House of Delegates, and oneappointed by the Senate Committee on Rules, all of whom shall have no director indirect interest, other than as consumers, in or relating to the towingand recovery industry;
5. The Commissioner of the Department of Motor Vehicles or his designee;
6. The Commissioner of Agriculture and Consumer Services or his designee; and
7. The Superintendent of the State Police or his designee.
All members shall be voting members.
B. Members shall serve for terms of four years, except that of those membersinitially appointed by the Governor, one shall be appointed for a one-yearterm and one for a two-year term. Of those members initially appointed by theSpeaker of the House of Delegates, one shall be appointed for a four-yearterm, one for a three-year term, one for a two-year term, and one for aone-year term. Of those members initially appointed by the Senate Committeeon Rules, one shall be appointed for a one-year term, one for a two-yearterm, and one for a three-year term.
C. Every member shall be a citizen of the United States and a resident ofVirginia. Any member may be removed from the Board in the same manner as hewas appointed. The members shall be at-large members and, insofar aspractical, should reflect fair and equitable statewide representation. Nomember, other than the Commissioner of the Department of Motor Vehicles orhis designee, the Commissioner of Agriculture and Consumer Services or hisdesignee, and the Superintendent of the State Police or his designee, shallserve for more than two full successive terms. Vacancies shall be filled byappointment in the same manner as the original appointment and shall be forthe unexpired term. Vacancies filled by appointment by the Governor shall beeffective until 30 days after the next meeting of the ensuing GeneralAssembly, and, if confirmed, thereafter for the remainder of the term. Anyperson appointed to fill a vacancy may serve two additional successive terms.The Commissioner of the Department of Motor Vehicles or his designee, theCommissioner of Agriculture and Consumer Services or his designee, and theSuperintendent of the State Police or his designee shall be ex officio votingmembers.
D. The Board shall meet at least quarterly each year. The Superintendent ofState Police or his designee shall be the chairman of the Board. Nine membersshall constitute a quorum.
E. The Board shall adopt a seal with the words "Board of Towing and RecoveryOperators, Commonwealth of Virginia." The executive director of the Boardshall have charge, care, and custody of the seal, and shall keep a record ofall proceedings of the Board that shall be open to the public for inspection.
F. Members of the Board shall be reimbursed their actual and necessaryexpenses incurred in carrying out their duties, such reimbursement to be paidfrom the Towing and Recovery Operators Board Fund established pursuant to §46.2-2804, subject to review and approval by the executive director andchairman of the Board.
(2006, cc. 874, 891; 2008, c. 836; 2009, c. 806.)