Section 11a - Board of Elevator Appeals; Membership; Powers and Duties

MA Gen L ch 22 § 11a (2019) (N/A)
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Section 11A. There shall be in the division of professional licensure office of public safety and inspections, but not under the control of the commissioner, a board to be known as the board of elevator appeals, which shall consist of the commissioner or a member of the division designated by him and six members to be appointed by the governor, with the advice and consent of the council for terms of six years each. One of such members shall be a consulting engineer, one a representative of a liability insurance company licensed to write elevator insurance in the commonwealth, one a representative of building owners, one a representative of manufacturing plant owners, one an experienced elevator contractor, and one a representative of labor. No member of the board of elevator regulations shall serve as a member of the board of elevator appeals. Upon the expiration of the term of a member appointed by the governor, his successor shall be appointed in the same manner for a term of six years. Any vacancy shall be filled in the manner aforesaid for the remainder of the unexpired term. The chairman of the board shall be designated from time to time by the governor.

The board may make such rules or by-laws, not inconsistent with law, as it may deem necessary in the performance of its duties and may establish forms of appeals and petitions, and reasonable fees for the filing thereof. The board shall hold only such meetings as are required to perform its duties. Time, place and notice of all meetings shall be required by rules or by-laws. A majority of said board, constituted as above provided, may transact business, but a lesser number may adjourn from time to time.

No member shall act as a member of the board, or vote as such, in connection with any matter as to which his private right, distinct from the public interest, is immediately concerned.

Each appointive member of the board shall be paid not less than $50 for each day while in actual performance of his duties as such, but not exceeding $2,000 in a fiscal year, and shall also receive from the commonwealth all expenses necessarily incurred by him in connection with his official duties.

Such clerical, technical and other assistants as may be required by the board shall be assigned to it by the commissioner.