An Act To Amend the Maine Motor Vehicle Franchise Board Laws
Maine Legislature, Session 122, LD 0391
Committee: Business, Research and Economic Development
Sponsors: RECTOR, HOBBINS, AUSTIN, BEAUDETTE, JACOBSEN, SMITH, BROMLEY
Amends: 5 MRSA §9051, 10 MRSA §1187, 10 MRSA §1188, 10 MRSA §1

Legislative Document 
No. 391 
H.P.293 
House of Representatives, January 25, 2005 
An Act To Amend the Maine Motor Vehicle Franchise Board Laws 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative RECTOR of Thomaston. 
Cosponsored by Senator HOBBINS of York and 
IY/~ 
/J7.7JldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: AUSTIN of Gray, BEAUDETTE of Biddeford, JACOBSEN of Waterboro, 
SMITH of Monmouth, Senator: BROMLEY of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §9051, sub-§ 1, as amended by PL 1991, c . 
885, 
Pt. D, §2, is further amended to read: 
1. 
Adjudicatory 
proceeding. 
In 
any 
adjudicatory 
proceedings, 
except 
those 
proceedings 
involving 
correctional 
facilities, 
the Workers' 
Compensation Board, 
the 
Maine 
Motor 
Vehicle Franchise Board or the State Parole Board, the procedures 
of this subchapter saa~~ apply. 
Sec. 2. 10 MRSA §1187. sub-§I, as enacted by PL 2003, c. 
3~6, 
§12, is amended to read: 
1. 
Membership. 
The board consists of 7 regular members and 
alternate members: 
A. 
SiB Ten members appointed by the Governor: 
(1) 
Three regular members and 2 alternate members who 
are or have been franchised new motor vehicle dealers 
in the State of Maine; 
(2) 
A regular member and an alternate member who is 
~ or 
aas 
have 
been 
aa--€FRFJeyee 
employee~ 
or 
I'epl'eseal:al:ive 
representatives 
of 
a----f-F-a-BGais-el' 
franchisors; and 
(3) 
Two regular members and one alternate member who 
are members of the pUblic; and 
B. 
One regular member appointed by the Secretary of State 
who is not and has not been either a motor vehicle dealer or 
manufacturer representative and who is an attorney employed 
by the Secretary of State and assigned to the Bureau of 
Motor Vehicles. 
Sec. 3. 10 MRSA §1187. sub-§3, as enacted by PL 2003, c. 356, 
§12, is amended to read: 
3. 
Terms. 
Appeial:FReat;s Regular appointments to the board 
are 
for 
5-year terms. 
A member 
may not serve 
more 
than 
consecutive 5-year terms. 
The terms of the initial board members 
must be staggered, with 2 members serving a term of 3 years, 2 
members serving a term of 4 years and 2 members serving a term of 
years. 
Alternate members serve without terms. 
The term of the 
member who serves as chair is without limit. 
Sec. 4. 10 MRSA §1188, sub-§§5 and 6, as enacted by PL 2003, c. 
356, §12, are amended to read: 
Page l-LR1705(1) 
5. 
Interim order. 
Shall levy a civil penalty pursuant to 
section 1171-B, subsection 3 when a party to a complaint under 
this subchapter is found to have recklessly or knowingly failed, 
neglected or refused to comply with an interim order issued by 
the board; ana 
6. 
Procedures. 
May appoint persons to be present at the 
deposition of out-of-state witnesses, 
administer oaths, 
issue 
subpoenas to compel the presence of witnesses or documents and 
authorize stenographic or recorded transcripts of proceedings ... ~ 
and 
Sec.5. 10 MRSA §1l88~ sub-§7 is enacted to read: 
7. 
Alternate members. 
Alternates are empowered to hear 
cases and carry out other duties of the board when regular board 
members from the same category are unable or unwilling to carry 
out those duties. 
The chair shall select alternate members to 
perform duties under this subsection. 
SUMMARY 
This bill makes 
technical 
amendments 
to the Maine Motor 
Vehicle Franchise Board laws to provide for alternate members and 
to clarify that the board has adopted its own adjudicatory rules, 
which makes the board exempt from parallel Maine Administrative 
Procedure Act requirements.