B. One regular member appointed by the Secretary of State who is not and has not been either a motor vehicle dealer or manufacturer representative and who is an attorney employed by the Secretary of State and assigned to the Bureau of Motor Vehicles.

Sec. 3. 10 MRSA §1187, sub-§3, as enacted by PL 2003, c. 356, §12, is amended to read:

3. Terms. Appointments Regular appointments to the board are for 5-year terms. A member may not serve more than 2 consecutive 5-year terms. The terms of the initial board members must be staggered, with 2 members serving a term of 3 years, 2 members serving a term of 4 years and 2 members serving a term of 5 years. Alternate members are appointed for 5-year terms. The term of the member who serves as chair is without limit.

Sec. 4. 10 MRSA §1188, sub-§§5 and 6, as enacted by PL 2003, c. 356, §12, are amended to read:

5. Interim order. Shall levy a civil penalty pursuant to section 1171-B, subsection 3 when a party to a complaint under this subchapter is found to have recklessly or knowingly failed, neglected or refused to comply with an interim order issued by the board; and

6. Procedures. May appoint persons to be present at the deposition of out-of-state witnesses, administer oaths, issue subpoenas to compel the presence of witnesses or documents and authorize stenographic or recorded transcripts of proceedings.; and

Sec. 5. 10 MRSA §1188, sub-§7 is enacted to read:

7.__Alternate members.__Alternates are empowered to hear cases and carry out other duties of the board when regular board members from the same category are unable or unwilling to carry out those duties.__The chair shall select alternate members to perform duties under this subsection.