Title 53 Public Safety Code Chapter 8 Utah Highway Patrol Act Section 203 Council created -- Members -- Term -- Meetings -- Duties.
53-8-203.Council created -- Members -- Term -- Meetings -- Duties.
(1) There is created within the division the Motor Vehicle Safety Inspection Advisory
Council.
(2) (a) The council shall be composed of seven members.
(b) The governor shall appoint:
(i) one member from the general public with experience or interest in product safety or
consumer advocacy;
(ii) two representatives from motor vehicle mechanics and motor vehicle repair business
owners;
(iii) one member of the motoring public with no former or current affiliation with the
motor vehicle sales, repair, or fuel industry or its regulation;
(iv) one peace officer with experience in motor vehicle law enforcement;
(v) one representative of the commercial trucking industry; and
(vi) one representative of the staff of the attorney general who shall serve without voting
privileges.
(3) Each member of the council shall:
(a) be selected on a nonpartisan basis;
(b) be appointed by the governor; and
(c) have been a legal resident of the state for at least one year immediately preceding the
date of appointment.
(4) (a) Except as required by Subsection (4)(b), as terms of current council members
expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of council
members are staggered so that approximately half of the council is appointed every two years.
(c) Members serve from the date of appointment until a replacement is appointed.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(6) The council shall elect its own chair and vice-chair at its first regular meeting each
calendar year.
(7) All meetings of the council shall be called by the superintendent of the highway
patrol as needed.
(8) Any three voting members constitute a quorum for the transaction of business that
comes before the council.
(9) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the council at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem
and expenses for their service.
(10) The council shall:
(a) hear appeals of administrative actions regarding the suspension or revocation of
safety inspection station permits and safety inspector certificates;
(b) advise the division on interpretation, adoption, and implementation of motor vehicle
safety inspection standards; and
(c) advise the division on other motor vehicle safety inspection issues as requested by the
superintendent.
(11) In conducting appeal hearings on the suspension or revocation of any safety
inspection station permit or safety inspector certificate the council may:
(a) compel the attendance of witnesses by subpoena;
(b) require the production of any records or documents determined by it to be pertinent to
the subject matter of the hearing; and
(c) apply to the district court of the county where the hearing is held for an order citing
any applicant or witness for contempt and for failure to attend, testify, or produce required
documents.
Amended by Chapter 251, 2008 General Session
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