CHAPTER 296a
HOME HEATING OIL SALES

Table of Contents

Sec. 16a-23m. Home heating oil dealers. Fees. Display of registration number. Insurance.
Sec. 16a-23n. Contract. Disclosures. Advertisements.
Sec. 16a-23o. Offering of plumbing or heating work service. License or registration required.
Sec. 16a-23p. Registration suspension; revocation.
Sec. 16a-23q. Regulations.
Sec. 16a-23r. Violations. Penalties.
Sec. 16a-23s. List of registered home heating oil dealers.

      Sec. 16a-23m. Home heating oil dealers. Fees. Display of registration number. Insurance. (a) On or after October 1, 2001, no person, firm or corporation shall engage in the retail sale of home heating oil without a certificate of registration as a home heating oil dealer issued pursuant to this section.

      (b) Each person, firm or corporation seeking registration as a home heating oil dealer shall apply annually for a certificate of registration with the Department of Consumer Protection on forms prescribed by the Commissioner of Consumer Protection. Each applicant shall pay a registration fee of one hundred dollars. The commissioner shall require all applicants for registration as a home heating oil dealer to provide evidence of general liability insurance coverage and insurance to cover any potential environmental damage due to fuel oil spills caused by such applicant as a registered dealer which coverage shall be not less than one million dollars. Each registered dealer shall provide the department with evidence of each renewal of or change to such insurance coverage not later than five days after such renewal or change during the period of registration, which renewal or change shall meet the requirements of this subsection.

      (c) Each registered dealer shall display its registration number in all advertisements and other materials prepared or issued by the dealer, which contain information on such dealer.

      (d) The insurance company of a home heating oil dealer shall notify the Commissioner of Consumer Protection, in writing, upon cancellation of insurance required by subsection (b) of this section by any home heating oil dealer. The Commissioner of Consumer Protection shall revoke the registration of any such dealer without the insurance coverage required by subsection (b) of this section.

      (P.A. 01-46, S. 1, 7; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; 04-194, S. 1.)

      History: P.A. 01-46 effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 04-194 added Subsec. (c) providing for display of a dealer's registration number, and Subsec. (d) providing for notification by insurance company of cancellation of insurance, and revocation of registration.

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      Sec. 16a-23n. Contract. Disclosures. Advertisements. (a) A contract for the retail sale of home heating oil that offers a guaranteed price plan, including fixed price contracts and any other similar terms, shall be in writing and the terms and conditions of such price plans shall be disclosed. Such disclosure shall be in plain language and shall immediately follow the language concerning the price or service that could be affected and shall be printed in no less than twelve-point boldface type of uniform font.

      (b) A home heating oil dealer that advertises a price shall offer said price for a period of no less than twenty-four hours or until the next advertised price is publicized, whichever occurs first.

      (P.A. 01-46, S. 2, 7; P.A. 04-194, S. 2.)

      History: P.A. 01-46 effective July 1, 2001; P.A. 04-194 designated existing provisions as Subsec. (a) and added Subsec. (b) requiring dealers who advertise a price to offer the price for not less than twenty-four hours or until the next advertised price is publicized, whichever occurs first.

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      Sec. 16a-23o. Offering of plumbing or heating work service. License or registration required. Any person, firm or corporation required to register as a home heating oil dealer pursuant to section 16a-23m that offers plumbing or heating work service shall submit evidence, deemed satisfactory by the Commissioner of Consumer Protection, when registering, that such person, firm or corporation subcontracts with or employs only persons licensed or registered pursuant to chapter 393 to perform such work. Such person, firm or corporation shall attest, when applying for registration as a dealer pursuant to section 16a-23m, that all plumbing or heating work service shall be performed in accordance with the provisions of chapter 393. Anyone registered under this section who offers such plumbing or heating services shall display the state license number of the subcontractor or employee performing such work for the registrant on all commercial vehicles used in their business and shall display such number in a conspicuous manner on all printed advertisements, bid proposals, contracts, invoices and stationery used in the business.

      (P.A. 01-46, S. 3, 7; 01-195, S. 178, 181; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 01-46 effective July 1, 2001; P.A. 01-195 substituted "employee" for "employer", effective July 11, 2001; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 16a-23p. Registration suspension; revocation. The Department of Consumer Protection may suspend or revoke any registration issued under section 16a-23m if the holder of such registration is grossly incompetent, engages in malpractice or unethical conduct or knowingly makes false, misleading or deceptive representations regarding such holder's work or violates any regulations adopted under section 16a-23q. Before any such registration is suspended or revoked, such holder shall be given notice and opportunity for hearing as provided in regulations adopted by the Commissioner of Consumer Protection in accordance with the provisions of chapter 54.

      (P.A. 01-46, S. 4, 7; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: P.A. 01-46 effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 16a-23q. Regulations. The Commissioner of Consumer Protection may, in accordance with the provisions of chapter 54, adopt regulations to implement the provisions of sections 16a-23m to 16a-23r, inclusive.

      (P.A. 01-46, S. 5, 7; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 01-46 effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 16a-23r. Violations. Penalties. A violation of the provisions of section 16a-23m, 16a-23n or 16a-23o constitutes an unfair trade practice under subsection (a) of section 42-110b.

      (P.A. 01-46, S. 6, 7.)

      History: P.A. 01-46 effective July 1, 2001.

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      Sec. 16a-23s. List of registered home heating oil dealers. The Department of Consumer Protection shall establish a list of all registered home heating oil dealers. The department shall make the list available to all wholesalers of home heating oil doing business in the state and such wholesalers shall only sell to the registered home heating oil dealers on said list.

      (P.A. 04-194, S. 3.)

      History: (Revisor's note: In 2005, the Revisors editorially replaced a reference to "Department of Agriculture and Consumer Protection" with "Department of Consumer Protection" to reflect the repeal of Sec. 146 of June Sp. Sess. P.A. 03-6, effective July 1, 2004, which would have merged separate Departments of Agriculture and Consumer Protection into one agency).

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