Commercial Licensing Regulation 16 - Motor Vehicle Body Repair Technician Certification

Regulation Authority:

R.I.Gen Laws §§ 5-38-5(4), 42-14-17

Purpose and Reason:

The Department of Business Regulation (“Department”) hereby adopts Commercial Licensing Regulation 16, entitled Motor Vehicle Body Repair Technician Certification (“Regulation”) effective May 12, 2009 and makes this statement in accordance with R.I. Gen. Laws § 42-35-2.3. The purpose of this Regulation is to establish minimum requirements for the certification of motor vehicle body repair technicians. There are no differences between the text of the Proposed Regulation as published in accordance with R.I. Gen. Laws § 42-35-3 and the Post-hearing Regulation as adopted. The Department conducted a hearing on March 23, 2009. Attached to this concise explanatory statement is the adopted Regulation, with no changes between the text of the Proposed Regulation and the Post-hearing Regulation as adopted. JURISDICTION AND AUTHORITY FOR MOTOR VEHICLE BODY REPAIR TECHNICIAN CERTIFICATION R.I. Gen. Laws § 5-38-2(b) establishes within the Department the Auto Collision Repair Licensing Advisory Board (“Board”) consisting of nine (9) gubernatorial appointees who have authority pursuant to R.I. Gen. Laws § 5-38-2(h) to “adopt and publish with the prior approval of the [Director of the Department] rules of procedure and other regulations in accordance with the Administrative Procedure Act, chapter 35 of title 42.” Pursuant to R.I. Gen. Laws § 5-38-5(4), the Board shall, with the Director’s approval, establish minimum requirements for the certification of auto repair technicians. BOARD RECOMMENDATIONS The Board’s evaluation of the proposed Regulation included the establishment of a subcommittee to develop such minimum technician certification standards, which were thereafter discussed in subsequent Board meetings. The vote to submit the proposed Regulation was unanimous and was forwarded to the Director for his approval. The Board’s proposed Regulation was reviewed and edited by Department staff. The Proposed Regulation was posted and noticed for hearing on February 17, 2008. There were no written comments received from the February 17, 2008 posting and notice date, through the post-hearing closing date of April 2, 2009. At the March 23, 2009 Hearing, one member of the public testified in support of the Regulation as proposed.