MTV-03-09-00010-A Repair Shop Review Board  

  • 3/25/09 N.Y. St. Reg. MTV-03-09-00010-A
    NEW YORK STATE REGISTER
    VOLUME XXXI, ISSUE 12
    March 25, 2009
    RULE MAKING ACTIVITIES
    DEPARTMENT OF MOTOR VEHICLES
    NOTICE OF ADOPTION
     
    I.D No. MTV-03-09-00010-A
    Filing No. 228
    Filing Date. Mar. 10, 2009
    Effective Date. Mar. 25, 2009
    Repair Shop Review Board
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Action taken:
    Amendment of Part 82 of Title 15 NYCRR.
    Statutory authority:
    Vehicle and Traffic Law, sections 215(a), 398-f and 398(g)(2)
    Subject:
    Repair Shop Review Board.
    Purpose:
    Makes technical amendments related to the composition and role of the Repair Shop Review Board.
    Text of final rule:
    Subdivisions (a) and (b) of section 82.16 are amended to read as follows:
    (a) The commissioner shall establish a review board. Such board shall consist of persons who have engaged in the automotive repair shop business for at least five years representing the automobile repair shop industry, persons who shall be laymen having no association with the automotive repair shop industry representing consumers, and persons who are attorneys admitted to practice in this State and who have no interest in or represent as an attorney an automotive repair shop. Members of the review board shall be appointed insofar as is practical to provide for representation of different geographic areas of the State, and shall serve in no other capacity in the Department of Motor Vehicles. The number of persons appointed to such review board shall be determined by the commissioner and shall be appointed to serve at his pleasure. [Five] Three persons, [two] one of whom shall be an automotive repair shop industry representative[s], [two] one of whom shall be a consumer representative[s], and one of whom shall be an attorney appointed pursuant to the provisions of this subdivision, shall as a panel review each appeal from a determination of the hearing officer. Such attorney shall serve as the chairman of such panel with respect to any such review. At least two votes shall be required to take final action on each appeal.
    (b) The review board shall review and determine all appeals. [After such review, the board shall recommend to the commissioner whether to affirm, reverse or modify the initial determination of the hearing officer or to remand the case to a hearing officer to determine additional facts.] Such determination may be to affirm, reverse or modify the initial determination of the hearing officer or to remand the case for a further hearing to determine additional facts.
    Final rule as compared with last published rule:
    Nonsubstantial changes were made in section 82.16(b).
    Text of rule and any required statements and analyses may be obtained from:
    Carrie L. Stone, Department of Motor Vehicles, Counsel's Office, Room 526, Albany, NY 12228, (518) 474-0871
    Revised Job Impact Statement
    A Job Impact Statement is not submitted with this proposed rule because it will have no adverse impact on job development in New York State.
    Assessment of Public Comment
    The agency received no public comment.

Document Information

Effective Date:
3/25/2009
Publish Date:
03/25/2009