1. 1. Members The Advisory Board for the Licensing of Whitewater Guides, referred to in this section as the "board" and established by Title 5, section 12004-I, subsection 23-B, consists of the following 10 members:

   1. A. The commissioner or an employee of the department who is the commissioner's designee;

      [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

   2. B. One warden or retired warden of the department, appointed by the commissioner; and

      [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

   3. C. Eight persons representing the public who are licensed whitewater guides, appointed by the Governor for staggered terms of 3 years. In making appointments under this paragraph, the Governor shall ensure that those appointments establish and maintain a wide diversity of whitewater guide experience on the State's rapidly flowing rivers. A person who holds a commercial whitewater outfitter's license is ineligible for appointment to the board. At least 5 persons appointed under this paragraph must have expertise in whitewater rafting on both the Kennebec River and the West Branch of the Penobscot River, including the cribworks.

      [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §35 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §35 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. 2. Compensation Members who are not employed by the department are entitled to compensation as provided in Title 5, chapter 379.

   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

3. 3. Duties The board has the following duties:

   1. A. To provide advice regarding rules proposed by the commissioner;

      [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

   2. B. At the request of the commissioner, to conduct an examination of applicants for the whitewater guide's license as provided in section 12909, except that oral examinations are conducted by 2 members;

      [PL 2007, c. 651, §3 (AMD).]

   3. C. To advise the commissioner on granting and revoking whitewater guide's licenses; and

      [PL 2007, c. 651, §4 (AMD).]

   4. D. To advise the commissioner on establishing and reviewing safety requirements for whitewater trips, developing a safety information program and reviewing the safety record of whitewater guides and outfitters.

      [PL 2007, c. 651, §5 (NEW).]

   [PL 2007, c. 651, §§3-5 (AMD).]

4. 4. Quorum Five members of the board constitute a quorum.

   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B35 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2007, c. 651, §§3-5 (AMD).