§ 23-112-201. Arkansas Motor Vehicle Commission — Creation — Members — Officers

(a) There is created the Arkansas Motor Vehicle Commission, hereinafter referred to as the “commission”, to be composed of nine (9) members to be appointed by the Governor for terms of seven (7) years, subject to confirmation by the Senate.

(b)

1. (1) One (1) commissioner shall be appointed from each of the four (4) congressional districts of the state as constituted July 1, 1975, and five (5) members of the commission, including the consumer representative and the representative of the elderly, shall be appointed from the state at large.

2. (2)

   1. (A) Four (4) members of the commission shall be licensees or shall be qualified as licensees under the provisions of this chapter at the time of their appointment.

   2. (B) Five (5) members of the commission shall be appointed from the public at large, including the consumer representative and the representative of the elderly.

   3. (C)

      1. (i) No more than four (4) members of the commission shall at any time:

         1. (a) Be licensees under this chapter;

         2. (b) Have any financial interest in or be an officer or an employee of a licensee under this chapter; or

         3. (c) Be employed by or own a business or organization that directly or indirectly profits from the sale of new motor vehicles.

      2. (ii) At least one (1) of the members shall be licensed as a dealer of franchise motorcycles.

3. (3)

   1. (A) The consumer representative and the representative of the elderly shall not be actively engaged in or retired from the businesses regulated by this chapter.

   2. (B) The two (2) positions may not be held by the same person.

   3. (C) Both shall be full voting members.

   4. (D) The representative of the elderly shall:

      1. (i) Be sixty (60) years of age or older;

      2. (ii) Not be employed by or own any business or organization that directly or indirectly profits from the sale of new motor vehicles; and

      3. (iii) Only have experiences with the sale of a new motor vehicle as a consumer.

   5. (E) The consumer representative shall:

      1. (i) Not be employed by or own any business or organization that directly or indirectly profits from the sale of new motor vehicles; and

      2. (ii) Only have experiences with the sale of a new motor vehicle as a consumer.

4. (4) Each of the members appointed shall be a citizen of the United States, a resident of the State of Arkansas, and a qualified elector of the jurisdiction from which appointed, and each shall be of good moral character.

(c) In the event a vacancy on the commission occurs due to death, resignation, or other reason, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor, subject to confirmation by the Senate, of a person meeting the same qualifications required for the initial appointment.

(d) Each commission member shall serve until his or her successor is appointed and qualified.

(e) The commission shall select by majority vote of its members one (1) of its members as chair, one (1) as vice chair, and one (1) as secretary.

(f)

1. (1) The Chair of the Arkansas Motor Vehicle Commission and members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

2. (2) The chair shall require itemized statements of all reimbursable expenses and shall audit the statements or cause them to be audited before approving them for payment.