(a) The commissioner shall establish a review board. Such board shall consist of persons who have engaged in the automotive repair shop business for at least five years representing the automobile repair shop industry, persons who shall be laymen having no association with the automotive repair shop industry representing consumers, and persons who are attorneys admitted to practice in this State and who have no interest in or represent as an attorney an automotive repair shop. Members of the review board shall be appointed insofar as is practical to provide for representation of different geographic areas of the State, and shall serve in no other capacity in the Department of Motor Vehicles. The number of persons appointed to such review board shall be determined by the commissioner and shall be appointed to serve at his pleasure. [Five] Three persons, [two] one of whom shall be an automotive repair shop industry representative[s], [two] one of whom shall be a consumer representative[s], and one of whom shall be an attorney appointed pursuant to the provisions of this subdivision, shall as a panel review each appeal from a determination of the hearing officer. Such attorney shall serve as the chairman of such panel with respect to any such review. At least two votes shall be required to take final action on each appeal.

(b) The review board shall review and determine all appeals. [After such review, the board shall recommend to the commissioner whether to affirm, reverse or modify the initial determination of the hearing officer or to remand the case to a hearing officer to determine additional facts.] Such determination may be to affirm, reverse or modify the initial determination of the hearing officer or to remand the case a further hearing to determine additional facts.

Vehicle and Traffic Law (VTL) section 398-f (2) was amended by Chapter 55 of the Laws of 1992 to provide that the Repair Shop Review Board shall be comprised of: “Three persons, one of whom shall be automotive repair shop industry representatives[sic], one of whom shall be consumer representatives[sic], and one of whom shall be an attorney appointed pursuant to the provisions of this subdivision, shall as a panel review each appeal from a determination of the hearing officer.”

Part 82.16 of the Commissioner’s regulations was not amended to make the corresponding changes in relation to the composition of the Review Board.

Chapter 448 of the Laws of 1995 also amended section 398-f to provide that the commissioner of motor vehicles would no longer review the decisions of the Review Board. It further provided that the Board could affirm, reverse or modify the initial determination of the hearing officer. Part 82.16 was not amended to reflect this change in the Board’s and commissioner’s responsibilities.

Since this proposed regulation merely conforms Part 82.16 to the relevant statutory provisions, a consensus rulemaking is appropriate.

A Job Impact Statement is not submitted with this proposed rule because it will have no adverse impact on job development in New York State.