(a) There is hereby created the Arkansas Tobacco Control Board to consist of eight (8) members appointed by the Governor. The board shall be constituted as follows:
(1) Two (2) members of the board shall be wholesalers of tobacco products, vapor products, alternative nicotine products, or e-liquid products;
(2) Two (2) members of the board shall be retailers of tobacco products, vapor products, alternative nicotine products, or e-liquid products; and
(3) Four (4) members of the board shall be members of the public at large who are not public employees or officials, at least one (1) of whom shall be an African-American, and two (2) of whom shall be appointed by the Governor after consulting the Arkansas Medical Society and subject to confirmation by the Senate.
(b) The Governor shall designate which member of the board shall act as chair and that person shall serve as chair for two (2) years unless his or her membership on the board ceases prior to the end of the two-year period.
(c)
(1) All members of the board must be residents of the State of Arkansas and confirmed by the Senate.
(2) The term of office shall be five (5) years, except that the initial board shall be appointed to staggered terms in that the term of one (1) member expires each year.
(d) (1) The board shall:
(A) Act as a rulemaking and adjudicatory body for Arkansas Tobacco Control; and
(B) Have responsibility for the issuance, suspension, and revocation of the licenses and permits enumerated in § 26-57-219.
(2)
(A) A minimum of five (5) members is required for a quorum.
(B) All action by the board shall be by a majority vote of the board members present at the regular or special meeting, and the board may take no official action in connection with a matter except at a regular or special meeting. In the event of a tie vote of the members of the board, the Director of Arkansas Tobacco Control may cast the deciding vote.
(e) No person who is not a citizen of the United States and who has not resided in the State of Arkansas for at least two (2) consecutive years immediately preceding the date of appointment may be appointed to the board nor employed by the board.
(f) Each member of the board and the director shall take and subscribe to an oath that he or she will support and enforce the provisions of this subchapter, the tobacco control laws of this state, the Arkansas Constitution, and the United States Constitution.
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