January 27, 2006 |
2006-R-0117 | |
THE POWER OF DEPARTMENT OF CONSUMER PROTECTION BOARDS AND COMMISSIONS TO IMPOSE CIVIL FINES | ||
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By: Daniel Duffy, Principal Analyst | ||
You asked which boards and commissions in the Department of Consumer Protection may impose civil fines.
SUMMARY
There are 16 regulatory boards or commissions within the Department of Consumer Protection (DCP). Twelve are authorized to impose civil penalties. One board, the Home Inspection Licensing Board, may impose a maximum fine of $ 5,000. The Real Estate Commission may impose a maximum fine of $ 2,000 on individuals and $ 1,000 on business licensees. Seven may impose maximum penalties based on the number of times of times an offender has committed a violation. The maximum fine ranges from $ 1,000 to $ 3,000. Two may impose a maximum fine of $ 1,000. One, the Liquor Control Commission, enters into compromises in lieu of suspending a liquor permit in which permittees pay fines. The law does not set a maximum fine.
POWERS TO IMPOSE CIVIL FINES
In addition to the powers conferred on all boards, the statutes authorize certain boards to impose civil monetary penalties. Table 1 displays all the boards and commissions in DCP, states whether or not they have the power to impose a civil penalty, and, if so, its amount.
Table 1: Board or Commission Civil Penalty Powers
Board or Commission |
Maximum Civil Penalty |
Citation to Enforcement Provision |
Architectural Licensing Board |
No |
§ 20-294 |
Examining Boards for: |
||
• Electrical work |
1st Offense, $ 1,000 2nd Offense, $ 2,000 3rd Offense, $ 3,000 |
§ 20-341 |
• Plumbing and piping work |
1st Offense, $ 1,000 2nd Offense, $ 2,000 3rd Offense, $ 3,000 |
§ 20-341 |
• Heating, piping, cooling and sheet metal work; |
1st Offense, $ 1,000 2nd Offense, $ 2,000 3rd Offense, $ 3,000 |
§ 20-341 |
• Elevator installation, repair and maintenance work |
1st Offense, $ 1,000 2nd Offense, $ 2,000 3rd Offense, $ 3,000 |
§ 20-341 |
• Fire protection sprinkler systems work |
1st Offense, $ 1,000 2nd Offense, $ 2,000 3rd Offense, $ 3,000 |
§ 20-341 |
• Automotive glasswork and flat glass work |
1st Offense, $ 1,000 2nd Offense, $ 2,000 3rd Offense, $ 3,000 |
§ 20-341 |
State Board of Television and Radio Service Examiners |
1st Offense, $ 1,000 2nd Offense, $ 2,000 3rd Offense, $ 3,000 |
§ 20-341 |
Commission of Pharmacy |
$ 1,000 |
§ 20-579 |
State Board of Landscape Architects |
No |
§ 20-373 |
State Board of Examiners for Professional Engineers and Land Surveyors |
No |
§ 20-307a |
Connecticut Real Estate Commission |
$ 2,000 on individuals and $ 1,000 on business licensees |
§ 20-320 |
Connecticut Real Estate Appraisal Commission |
$ 1,000 |
§ 20-518 |
State Board of Examiners of Shorthand Reporters |
No |
§ 20-656 |
Liquor Control Commission |
Compromise in lieu of suspension |
§ 30-58a |
Home Inspection Licensing Board |
$ 5,000 |
§ 20-494a |
PENALTY POWERS OF ALL DCP BOARDS AND COMMISSIONS
All DCP boards and commissions, in addition to imposing fines, can also (1) revoke or suspend a license, registration, or certificate; (2) issue a reprimand; (3) place a person on probation and require regular reporting; (4) limit a person's practice to prescribed areas, or (5) require continued or renewed education, for the following reasons:
1. engaging in fraud or material deception to obtain a license, registration, or certificate or to aid in doing so;
2. working beyond the scope of a license, registration, or certificate;
3. illegally using or transferring a license, registration, or certificate;
4. performing incompetent or negligent work;
5. making false, misleading, or deceptive representations to the public;
6. having been disciplined in a similar action by a professional agency of another state or a foreign jurisdiction; or
7. violating a statute or regulation relating to his profession or occupation (CGS §§ 21a-7(7) & 21a-9(c)).
CONSUMER PROTECTION ENFORCEMENT ACCOUNT
Revenue derived from imposing all of the above fines except those agreed to by the Liquor Control Commission must be deposited into the Consumer Protection Enforcement Account. It is a special nonlapsing fund to pay for personnel and other related expenses to enforce the Department of Consumer Protection's licensing and registration laws (CGS § 21a-8a).
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