§ 27-50-1203 - Arkansas Towing and Recovery Board -- Creation.
               	 		
27-50-1203.    Arkansas Towing and Recovery Board -- Creation.
    (a)    (1)  There  is hereby created the Arkansas Towing and Recovery Board consisting of  nine (9) members appointed by the Governor and confirmed by the Senate,  who shall serve terms of three (3) years.
      (2)    (A)  Four  (4) members shall be appointed from the towing industry and shall be  licensed by the board to engage in nonconsent towing, with one (1) each  of the members being a resident of each of the four (4) congressional  districts.
            (B)  Two (2) members who are permitted to engage in the consent-only business shall be appointed from the state at large.
            (C)  Two (2) members who are not associated with the towing industry shall be appointed from the state at large.
            (D)  One (1) member shall be appointed from the insurance industry.
(b)  The appointed board members shall be residents of the State of Arkansas at the time of appointment and throughout their terms.
(c)    (1)  The members shall determine by majority vote of the quorum of the board who shall serve as chair.
      (2)  The chair shall be elected annually from the membership of the board.
(d)    (1)  The  board shall meet at such times and places that the chair deems  necessary, but no meetings shall be held outside the State of Arkansas.
      (2)  Five (5) of the members of the board shall constitute a quorum for the purpose of transacting business.
      (3)  All actions of the board shall be by a quorum.
(e)    (1)  The  board shall promulgate rules and regulations to carry out the intent of  this subchapter and shall regulate the towing industry, including:
            (A)  Establishing  reasonable licensing, insurance, and equipment requirements for any  person engaging in towing and related services for safety purposes under  this subchapter;
            (B)  Establishing reasonable tow truck safety requirements for any tow vehicle as defined in this subchapter;
            (C)  Establishing  a procedure to accept and investigate complaints from a consumer who  claims that he or she has been overcharged for nonconsent towing,  recovery, or storage fees;
            (D)  Determining and sanctioning excessive or unnecessary non-consent towing fees, recovery, and storage charged to consumers;
            (E)  Requiring  all entities permitted, licensed, or regulated under this subchapter to  provide to the board all documents in response to information requests  by the board pursuant to the investigation of consumer complaints or  board complaints against the permittee or licensee;
            (F)  Requiring  all entities permitted, licensed, or regulated under this subchapter to  provide itemized billing for towing or storage fees that explains how  the charges were calculated; and
            (G)  Requiring  all entities permitted, licensed, or regulated under this subchapter to  maintain a copy of their current maximum rate schedule posted in a  conspicuous place and readily accessible to the public.
      (2)  The  promulgation and adoption of rules and regulations shall in all  respects be in the manner provided by the Arkansas Administrative  Procedure Act,    25-15-201 et seq.
      (3)  After  the promulgation and adoption of rules or regulations, any proposed  change to add to, amend, repeal, or change any of the rules or  regulations shall not have effect until reviewed and approved by the  Subcommittee on Administrative Rules and Regulations of the Legislative  Council subsequent to the time that the General Assembly next meets in  regular session unless a finding exists that imminent peril to the  public health, safety, or welfare requires immediate adoption,  amendment, or repeal of the rules or regulations.
(f)    (1)  The  board shall have the authority to levy applicable towing business  license fees not to exceed one hundred dollars ($100) per license, and  the board shall have the authority to levy an applicable tow vehicle  safety permit fee not to exceed fifty dollars ($50.00) per tow vehicle  safety permit.
      (2)  Furthermore,  the board shall also have the authority to impose late filing fees in an  amount not to exceed the original amount of the license fee or safety  permit fee.
(g)    (1)  The  board shall have the authority to employ and discharge any personnel as  may be necessary to administer and enforce the provisions of this  subchapter and the rules and regulations promulgated hereunder.
      (2)  The  board shall employ investigators to investigate consumer complaints  related to overcharging for nonconsent towing, recovery, or storage  fees, violations of    27-50-1101, this subchapter, and violations of the  rules promulgated by the board under this subchapter.
(h)  The  board shall have the authority to obtain office space, furniture,  stationery, and other proper supplies and conveniences reasonably  necessary to carry out the provisions of this subchapter.
(i)  Each member of the board may receive expense reimbursement and stipends in accordance with    25-16-901 et seq.
(j)  The  board shall have the authority to establish a maximum amount to be  charged by a towing business for each notification to an owner and a  lienholder as required by this subchapter.