§47-582.

§47-582.
   
   A. There is hereby created the Oklahoma Used Motor Vehicle and Parts
   Commission, to be composed of one member from each of the six
   congressional districts of this state, two members to be selected from
   the state at large, and a chair to be selected from the state at
   large, all to be appointed by the Governor, by and with the advice and
   consent of the Senate. Each of the Commissioners appointed shall, at
   the time of appointment, be a resident in good faith of the
   congressional district from which appointed, except the two at-large
   members and the chair, who shall be residents in good faith of the
   state. Each member shall be of good moral character and each shall
   have been actually engaged in the manufacture, distribution or sale of
   motor vehicles or manufactured homes, or engaged in the principal
   business of purchasing and dismantling or disassembling motor vehicles
   for the purpose of selling the parts thereof in the state for not less
   than ten (10) consecutive years next preceding appointment. There
   shall not be fewer than four members engaged in the business of the
   sale of used motor vehicles and there shall not be fewer than two
   members engaged in the principal business of dismantling or
   disassembling motor vehicles for the purpose of selling the parts
   thereof. Being engaged in one or more of such pursuits shall not
   disqualify a person otherwise qualified from serving on the
   Commission.
   
   B. 1. The term of the chair shall be coterminous with that of the
   Governor making the appointment, and until a successor is appointed
   and is qualified. The terms of office of the members first appointed
   to the Commission shall be as follows: The members appointed from the
   First and Second Congressional Districts shall serve until June 30,
   1982; the members appointed from the Third and Fourth Congressional
   Districts shall serve until June 30, 1984; the members appointed from
   the Fifth and Sixth Congressional Districts shall serve until June 30,
   1986; one at-large member appointed shall serve until June 30, 1996;
   and one at-large member appointed shall serve until June 30, 1998;
   provided, however, that each member shall serve until a successor is
   appointed and is qualified. Thereafter, the term of office of each
   member of the Commission shall be for six (6) years. Except for the
   term of office of the two at-large members, the term of office of any
   member will automatically expire if the member moves out of the
   congressional district from which appointed. In event of death,
   resignation, removal, or term automatically expiring, of any person
   serving on the Commission, the vacancy shall be filled by appointment
   as aforesaid for the unexpired portion of the term.
   
   2. The Commission shall meet at Oklahoma City and complete its
   organization immediately after the entire membership has been
   appointed and has qualified. The chair and each member of the
   Commission shall take and subscribe to the oath of office required of
   public officers.
   
   C. The chair and members of the Commission shall receive Thirty
   Dollars ($30.00) for each and every day actually and necessarily spent
   in attending the meetings of the Commission, and shall be reimbursed
   for subsistence and traveling expenses incurred in the performance of
   their duties hereunder as provided by the State Travel Reimbursement
   Act; provided that such meeting payments shall not exceed the sum of
   Six Hundred Dollars ($600.00) per annum to any one person.
   
   D. The Commission shall appoint a qualified person to serve as
   Executive Director who shall have had sufficient management and
   organizational experience in the automotive industry to direct the
   functions of the Commission. The Executive Director shall be appointed
   for a term of six (6) years, and shall not be subject to dismissal or
   removal without cause. The Commission shall fix the salary and define
   and prescribe the duties of the Executive Director. The Executive
   Director shall be in charge of the Commission's office, shall devote
   such time as necessary to fulfill the duties thereof, and, before
   entering upon these duties, shall take and subscribe to the oath of
   office. The Commission may employ such clerical, technical, legal and
   other help and incur such expenses as may be necessary for the proper
   discharge of its duties under Section 581 et seq. of this title. The
   Commission shall maintain its office and transact its business in
   Oklahoma City, and is authorized to adopt and use a seal.
   
   E. 1. The Commission is hereby vested with the powers and duties
   necessary and proper to enable it to fully and effectively carry out
   the provisions and objectives of Section 581 et seq. of this title,
   and is hereby authorized and empowered, pursuant to the Administrative
   Procedures Act, to make and enforce all reasonable rules and to adopt
   and prescribe all forms necessary to accomplish said purpose. The
   Commission shall promulgate rules to prescribe the contents of
   manufactured home sales agreements and to require that each
   manufactured home manufacturer issue with each new manufactured home a
   warranty comparable to warranties generally in use in the industry
   warranting the manufactured home to be free from material defects. The
   enumeration of any power or authority herein shall not be construed to
   deny, impair, disparage or limit any others necessary to the
   attainment thereof. A copy of all rules and regulations adopted by the
   Commission shall be filed and recorded in the office of the Secretary
   of State and the State Librarian and Archivist, and same may be
   amended, modified or repealed from time to time.
   
   2. The Commission's powers and duties shall include, but not be
   limited to, the following:
   
   a. license used motor vehicle dealers, used motor vehicle
   salespersons, wholesale used motor vehicle dealers, and manufactured
   home dealers,
   
   b. inspect used motor vehicle dealer and manufactured home dealer
   locations to ensure that they are in an approved location, meet local
   zoning or other municipal requirements, and have sufficient facilities
   which shall include, but not be limited to, a business sign, a listed
   and usable telephone number, a restroom, and a sales office,
   
   c. inspect wholesale used motor vehicle dealer locations to ensure
   that they are in an approved location, meet local zoning or other
   municipal requirements, and have sufficient facilities which shall
   include, but not be limited to, a listed and usable telephone number
   in the dealer's name and a business office where records of the
   business are kept,
   
   d. require all dealer sales to have a condition of sale such as a
   warranty disclaimer, implied or written warranty or a service contract
   approved by the Commission,
   
   e. work with consumers and dealers to hear complaints on used vehicles
   and parts and establish a Used Car Consumer Action Panel to hear
   complaints on a condition of sale, implied and written warranties, and
   service complaints, and
   
   f. serve as a dispute resolution panel for binding arbitration in
   accordance with Section 801 et seq. of Title 15 of the Oklahoma
   Statutes in contract controversies between licensed used motor vehicle
   dealers and consumers when, by mutual written agreement executed after
   the dispute between the parties has arisen, both parties have agreed
   to use the Oklahoma Used Motor Vehicle and Parts Commission as their
   arbitration panel for contract disputes.
   
   F. 1. All fees and charges collected under the provisions of Section
   581 et seq. of this title shall be deposited by the Executive Director
   in the State Treasury in accordance with the depository laws of this
   state in a special fund to be known as the "Oklahoma Used Motor
   Vehicle and Parts Commission Fund", which fund is hereby created.
   Except as hereinafter provided, the monies in the fund shall be used
   by the Commission for the purpose of carrying out and enforcing the
   provisions of Section 581 et seq. of this title. Expenditures from the
   fund shall be warrants issued by the State Treasurer against claims
   submitted by the Commission to the Director of State Finance for
   approval.
   
   2. At the close of each fiscal year, the Commission shall file with
   the Governor and the State Auditor and Inspector a true and correct
   report of all fees and charges collected and received by it during the
   preceding fiscal year and shall at the same time pay into the General
   Revenue Fund of the state a sum equal to ten percent (10%) of the
   gross fees and charges so collected and received.
   
   3. All expenses incurred by the Commission in carrying out the
   provisions of Section 581 et seq. of this title including, but not
   limited to, per diem, wages, salaries, rent, postage, advertising,
   supplies, bond premiums, travel and subsistence for the Commissioners,
   the Executive Director, employees, and legal counsel, and printing and
   utilities, shall be a proper charge against the fund, exclusive of the
   portion thereof to be paid into the General Revenue Fund as above set
   out; provided, that in no event shall liability ever accrue hereunder
   against the state in any sum whatsoever, or against the Oklahoma Used
   Motor Vehicle and Parts Commission Fund, in excess of the ninety
   percent (90%) of the fees and charges deposited therein.