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; P.A. 05-229 added Subsecs. (c) to (e) re prepaid home heating oil contracts,
effective July 8, 2005; Oct. 25 Sp. Sess. P.A. 05-2 amended Subsec. (c) to add provisions re capped price per gallon home
heating oil contracts, effective December 1, 2005.
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, violates any provision of section 16a-23n 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; P.A. 05-229, S. 3.)
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July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp.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. 05-229 included violation of Sec. 16a-23n as a basis
for suspension or revocation of registration, effective July 8, 2005.
Sec. 16a-23r. Violations. Penalties. (a) 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.
(b) In accordance with the provisions of section 53a-11, any home heating oil dealer
who knowingly violates the provisions of subsection (c) of section 16a-23n shall have
committed a class A misdemeanor.
(P.A. 01-46, S. 6, 7; P.A. 05-229, S. 4.)
History: P.A. 01-46 effective July 1, 2001; P.A. 05-229 designated existing provisions as Subsec. (a) and added Subsec.
(b) re violation of Sec. 16a-23n, effective July 8, 2005.
Sec. 16a-23t. Information on wholesale and retail prices of home heating oil.
(a) For purposes of this section, "secretary" means the Secretary of the Office of Policy
and Management.
(b) The secretary shall collect, monitor and distribute information concerning home
heating oil in a manner that will provide transparency of market prices to the public. Not
later than one hundred twenty days after October 31, 2005, the secretary shall provide an
opportunity for public comment to determine the manner in which this policy mission
will be implemented.
(c) In implementing the provisions of this section, the secretary shall consult with
other relevant agencies of the state. Any ongoing assistance provided by an agency that
may result in a material budgetary impact upon the assisting agency shall be provided
pursuant to a memorandum of understanding, which shall be negotiated between the
secretary and the subject agency.
(d) In implementing the provisions of subsection (b) of this section, the secretary
shall collect, or cause to be collected, information on the wholesale and retail prices of
home heating oil and shall establish indices of those prices so as to provide transparent
market prices to the public. The indices developed pursuant to this subsection shall be
transmitted to the public in a manner that provides the greatest possible public access
to understandable and current information on a cost-effective basis. On and after December 1, 2005, and not later than April 30, 2006, the indices developed pursuant to this
section shall be updated on a weekly basis and posted on the Office of Policy and Management's Internet web site.
(e) (1) The secretary shall monitor and analyze the information collected pursuant
to subsection (d) of this section for evidence of market activities that impair the free
and fair operation of the home heating oil market. The secretary shall refer such evidence,
together with any other information or recommendations, to such agencies as the secretary determines may have jurisdiction to provide remedies, including, but not limited
to, state, federal or local administrative, regulatory or law enforcement agencies.
(2) The secretary, in the performance of the secretary's duties, may summon and
examine, under oath, such witnesses, and may direct the production of, and examine
or cause to be produced and examined, such books, records, vouchers, memoranda,
documents, letters, contracts or other papers in relation to the affairs of any home heating
oil seller or distributor at the wholesale or retail level operating in the state as it may
find advisable.
(3) Notwithstanding the provisions of the general statutes, any information, analysis
or work product developed by the secretary pursuant to the provisions of subdivision
(1) of this subsection shall not be a public record, as defined in section 4d-33, except
as provided in this section. Any such information referred by the secretary pursuant to
subdivision (1) of this subsection shall become a public record not more than sixty days
after the date of a referral unless such law enforcement agency protects such information
from disclosure pursuant to law. Any information that the secretary determines not to
refer pursuant to subdivision (1) of this subsection shall become a public record not
more than thirty days after such determination is made.
(4) The secretary shall notify the joint standing committee of the General Assembly
having cognizance of matters relating to energy of every referral of information to other
agencies pursuant to subdivision (1) of this subsection, provided the scope of information
provided shall be limited pursuant to subdivision (3) of this subsection. The secretary,
in such notification, shall include recommendations for addressing the conditions identified, including, but not limited to, any recommendations for legislation.
(f) The chairperson of the Public Utilities Control Authority, or the chairperson's
designee, the Commissioner of Social Services, or the commissioner's designee, the
chairperson of the Connecticut Energy Advisory Board, and the Secretary of the Office
of Policy and Management, or the secretary's designee, shall constitute a Home Heating
Oil Planning Council to address issues involving the supply, delivery and costs of home
heating oil and state policies regarding the future of the state's home heating oil supply.
The Secretary of the Office of Policy and Management shall convene the first meeting
of the council.
(g) The Home Heating Oil Planning Council shall, on an ongoing basis, monitor
and analyze the information collected pursuant to subsection (d) of this section, and
such other information from other sources as it deems appropriate, for evidence of operational or infrastructure conditions that should be addressed to enhance the reliable, free
and fair operation of the state's home heating oil market. Not later than January 1, 2007,
and periodically thereafter as it deems appropriate, the council shall submit to the joint
standing committee of the General Assembly having cognizance of matters relating to
energy a report on the status of the state's home heating oil market, including, but not
limited to, its recommendations for addressing any negative conditions identified and
recommendations for legislation.
(Oct. 25 Sp. Sess. P.A. 05-2, S. 12.)
History: Oct. 25 Sp. Sess. P.A. 05-2 effective October 31, 2005.