TITLE 5
Businesses and Professions

CHAPTER 5-38
Automobile Body Repair Shops

SECTION 5-38-2


   § 5-38-2  Duties of department of business regulation. – (a) The department of business regulation shall issue licenses as provided for in § 5-38-6; and shall authorize the transfer of licenses and the establishment of new offices for previously licensed auto body repair shops. In addition to licensing, the department's oversight of auto repair shops shall be limited to:

   (1) Acting on complaints from consumers and law enforcement officials; and

   (2) Revoking, suspending, or taking other disciplinary actions with respect to facilities, corporations or persons licensed under this chapter; and

   The department of business regulation shall adopt reasonable rules and regulations for the licensing of automobile body repair shops and schools for the instruction in automobile body repair.

   (b) To establish within the department of business regulation, divisions of commercial licensing and regulation, the auto collision repair licensing advisory board consisting of nine (9) members appointed by the governor, consisting of the following, who shall serve a term of five (5) years:

   (1) One president or his or her designee from an association of independent, non-networked, Rhode Island auto body shops;

   (2) Two (2) representatives from the department of business regulation;

   (3) One from the association of new car dealers;

   (4) One from the insurance industry;

   (5) One from law enforcement;

   (6) One from the general public; and

   (7) One from the glass installation/repairers industry; and

   (8) One from an association representing network or direct repair auto body repair shops.

   (c) The board may adopt, amend, and rescind rules and regulations as necessary to carry out the provisions of this chapter with the prior approval of the director.

   (d) The board may oversee investigations of conduct deemed unprofessional against any licensed facility, person, or corporation subject to this chapter and may hold hearings to determine whether the charges are substantiated or unsubstantiated.

   (e) The board may recommend to the director of the department of business regulation that the director license qualified applicants.

   (f) The board may meet at least once a month or more often upon the call of the chairperson or director of the department of business regulation.

   (g) To recommend to the director of the department of business regulation to revoke, suspend or take other disciplinary action with respect to facilities, corporations or persons licensed under this chapter.

   (h) To adopt and publish with the prior approval of the director of the department of business regulation rules of procedure and other regulations in accordance with the Administrative Procedure Act, chapter 35 of title 42.

   (i) The board members shall receive no compensation.

   (j) Following each monthly board meeting, the board may, if consistent with the public interest, submit any: (1) unresolved issue reasonably related to its jurisdiction under this statute to the director of the department of business regulation for his or her review at his or her discretion; or (2) seek a declaratory ruling pursuant to central management regulation 3 ("declaratory rulings and petitions from the director") as to any unresolved issue within the scope of this statute.

   (k) Board members shall continue to serve until their replacement is named.

History of Section.
(P.L. 1974, ch. 111, § 2; P.L. 1979, ch. 349, § 8; P.L. 1980, ch. 226, § 19; P.L. 1983, ch. 253, § 4; P.L. 1985, ch. 181, art. 13, § 2; P.L. 1994, ch. 357, § 1; P.L. 1998, ch. 117, § 1; P.L. 2005, ch. 201, § 1; P.L. 2008, ch. 100, art. 33, § 1.)