2006 Code of Virginia § 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 15 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;

2. Four members appointed by the Speaker of the House of Delegates, one whoshall be licensed as a Class A operator, two of whom shall be licensed asClass A or Class B operators, and one who shall be licensed as a Class Boperator;

3. Three members appointed by the Senate Committee on Rules, one who shall belicensed as a Class A operator, one who shall be licensed as Class A or ClassB operator, and one who shall be licensed as a Class B operator;

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. Nominations may be made for each operator vacancy from a list of atleast three names submitted to the Governor, the Speaker of the House ofDelegates, and the Senate Committee on Rules by the Virginia Association ofTowing and Recovery Operators and the Major Incident Heavy Recovery OperatorsAssociation. The Governor, the Speaker of the House of Delegates, and theSenate Committee on Rules may notify the associations promptly of anyoperator vacancy other than by expiration and like nominations may be madefor the filling of the vacancy. In no case shall the Governor, the Speaker ofthe House of Delegates, or the Senate Committee on Rules be bound to make anyappointment from among the nominations of the associations. Any member may beremoved from the Board in the same manner as he was appointed. The membersshall be at-large members and, insofar as practical, should reflect fair andequitable statewide representation. No member, other than the Commissioner ofthe Department of Motor Vehicles or his designee, the Commissioner ofAgriculture and Consumer Services or his designee, and the Superintendent ofthe State Police or his designee, shall serve for more than two fullsuccessive terms. Vacancies shall be filled by appointment in the same manneras the original appointment and shall be for the unexpired term. Vacanciesfilled by appointment by the Governor shall be effective until 30 days afterthe next meeting of the ensuing General Assembly, and, if confirmed,thereafter for the remainder of the term. Any person appointed to fill avacancy may serve two additional successive terms. The Commissioner of theDepartment of Motor Vehicles or his designee, the Commissioner of Agricultureand Consumer Services or his designee, and the Superintendent of the StatePolice or his designee shall be ex officio voting members.

D. The Board shall meet at least quarterly each year. Annually, the membersof the Board shall elect from its membership a chairman who shall be alicensed Class A operator and a vice-chairman, each to serve for a one-yearterm. Eight members shall 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.)