Substitute House Bill No. 6636

Public Act No. 99-73

An Act Concerning Powers and Duties of the Boards and Commissions Within the Department of Consumer Protection.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (d) of section 2c-2b of the general statutes is repealed and the following is substituted in lieu thereof:

(d) The following governmental entities and programs are terminated, effective July 1, 2006, unless reestablished in accordance with the provisions of section 2c-10:

(1) State Insurance Purchasing Board, established under section 4a-19;

(2) Connecticut Marketing Authority, established under section 22-63;

(3) Occupational Safety and Health Review Commission, established under section 31-376;

(4) Connecticut Siting Council, established under section 16-50j;

(5) Connecticut Public Transportation Commission, established under section 13b-11a;

(6) State Board of Accountancy, established under section 20-280;

[(7) State Board of Television and Radio Service Examiners, established under section 20-343;]

(7) Repealed by section 10 of this act;

(8) Repealed by P.A. 85-613, S. 153, 154;

(9) State Milk Regulation Board, established under section 22-131;

[(10) State Tree Protection Examining Board, established under section 23-61a;]

[(11)] (10) Council on Environmental Quality, established under section 22a-11;

[(12)] (11) Repealed by P.A. 85-613, S. 153, 154;

[(13)] (12) Repealed by P.A. 83-487, S. 32, 33;

[(14)] (13) Employment Security Board of Review, established under section 31-237c;

[(15)] (14) Repealed by P.A. 85-613, S. 153, 154;

[(16)] (15) Connecticut Energy Advisory Board, established under section 16a-3;

[(17)] (16) Connecticut Solid Waste Management Advisory Council, established under subsection (a) of section 22a-279;

[(18)] (17) Investment Advisory Council, established under section 3-13b;

[(19)] (18) State Properties Review Board, established under subsection (a) of section 4b-3;

[(20)] (19) Commission on Human Rights and Opportunities, established under section 46a-52;

[(21)] (20) The coastal management program, established under chapter 444;

[(22)] (21) Department of Economic and Community Development, established under sections 4-38c and 8-37r;

[(23)] (22) Family support grant program of the Department of Social Services, established under section 17b-616;

[(24)] (23) Program of regulation of occupational therapists, established under chapter 376a;

[(25)] (24) Repealed by P.A. 85-613, S. 153, 154;

[(26)] (25) Architectural Licensing Board, established under section 20-289; and

[(27)] (26) Bradley International Airport Commission, established under section 15-101r.

Sec. 2. Section 20-331 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There shall be in the Department of Consumer Protection separate examining boards for each of the following occupations: (1) Electrical work; (2) plumbing and piping work; (3) heating, piping and cooling work; (4) elevator installation, repair and maintenance work; and (5) fire protection sprinkler systems work.

(b) The Electrical Work Board [and the] shall consist of twelve members who shall be residents of this state, one of whom shall be a general contractor or an unlimited contractor licensed for such occupations under this chapter, two of whom shall be unlimited contractors licensed for such occupations under this chapter, neither of whom at the time of appointment shall be a member or an employee of a member of a trade union or a party or an employee of a party to a contract with a trade union, one of whom shall be an electronic technician licensed under chapter 394, four of whom shall be unlimited journeymen licensed for such occupations under this chapter, who at the time of appointment shall be members of a trade union and four of whom shall be public members.

(c) The Heating, Piping and Cooling Work Board shall [each] consist of nine members who shall be residents of this state, one of whom shall be a general contractor or an unlimited contractor licensed for such occupations under this chapter, two of whom shall be unlimited contractors licensed for such occupations under this chapter, neither of whom at the time of appointment shall be a member or an employee of a member of a trade union or a party or an employee of a party to a contract with a trade union, three of whom shall be unlimited journeymen licensed for such occupations under this chapter, who at the time of appointment shall be members of a trade union, and three of whom shall be public members.

[(c)] (d) The Plumbing and Piping Work Board shall consist of twelve members who shall be residents of this state, one of whom shall be a general contractor or an unlimited contractor licensed for such occupations under this chapter, two of whom shall be unlimited contractors licensed for such occupations under this chapter, neither of whom at the time of appointment shall be a member or an employee of a member of a trade union or a party or an employee of a party to a contract with a trade union, one of whom shall be a well drilling contractor [registered] licensed pursuant to section 25-129, four of whom shall be unlimited journeymen licensed for such occupations under this chapter, who at the time of appointment shall be members of a trade union, and four of whom shall be public members.

[(d)] (e) The Elevator Installation, Repair and Maintenance Board shall consist of eight members who shall be residents of this state, three of whom shall be unlimited contractors, two of whom shall be elevator craftsmen, licensed for such occupation under this chapter, and three of whom shall be public members, provided at least one of the unlimited contractors shall be a member of either the National Association of Elevator Contractors or the National Elevator Industries, Incorporated.

[(e)] (f) The Fire Protection Sprinkler Systems Board shall consist of nine members who shall be residents of this state, two of whom shall be journeymen sprinkler fitters, two of whom shall be fire protection sprinkler contractors, three of whom shall be public members, one of whom shall be a representative of the State Fire Marshal and one of whom shall be a local fire marshal.

[(f)] (g) The contractor and journeymen or elevator craftsmen members of each board established under this section shall be appointed by the Governor from a list of names submitted by employers' and employees' associations in the respective occupations. The Governor may fill any vacancy occurring in the membership of any such board, may remove any member for cause, after notice and hearing, and shall remove any licensed member whose license is not renewed or whose license has become void, revoked or suspended. Each member of such boards shall, before entering upon the duties of [his] the member's office, take the oath provided by law for public officers. Members shall not be compensated for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties.

Sec. 3. Subsection (b) of section 20-341 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The appropriate examining board may, after notice and hearing, impose a civil penalty on any person who engages in or practices the work or occupation for which a license or apprentice registration certificate is required by this chapter, chapter 394 or chapter 482 without having first obtained such a certificate or license, or who wilfully employs or supplies for employment a person who does not have such a license or certificate or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, or who engages in or practices any of the work or occupations for which a license or certificate is required by this chapter, chapter 394 or chapter 482 after the expiration of [his] the license or certificate or who violates any of the provisions of this chapter, chapter 394 or chapter 482 or the regulations adopted pursuant thereto. Such penalty shall be in an amount not more than one thousand dollars for a first violation of this subsection, not more than one thousand five hundred dollars for a second violation and not more than three thousand dollars for each violation of this subsection occurring less than three years after a second or subsequent violation of this subsection, except that any individual employed as an apprentice but improperly registered shall not be penalized for a first offense.

Sec. 4. Subdivision (2) of section 20-342 of the general statutes is repealed and the following is substituted in lieu thereof:

(2) "Board" means the [State Board of Television and Radio Service Examiners appointed under the provisions of section 20-343] Electrical Work Board.

Sec. 5. Section 20-368 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There shall be in the Department of Consumer Protection a State Board of Landscape Architects which shall consist of seven members appointed by the Governor subject to the provisions of section 4-9a. The Governor may remove any member from office for misconduct, incapacity or neglect of duty. Four members of the board shall be landscape architects whose residences and principal places of business are within this state, who have been actively engaged in the practice of landscape architecture for not less than ten years and who are licensed to practice landscape architecture within this state, and three members of the board shall be public members. The members of the board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. The board shall keep a true and complete record of all proceedings of the board.

(b) The Commissioner of Consumer Protection shall adopt regulations, in accordance with the provisions of chapter 54, concerning eligibility for landscape architectural licensing examinations, appeals of examination grades, reciprocal licensing and such other matters as it deems necessary to effect the purposes of this chapter.

Sec. 6. Subsection (a) of section 20-374 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Every licensed landscape architect shall pay an annual license fee to the department. [If such fee or any fine required by section 21a-4 is not paid before December thirty-first in the year in which such fee or fine becomes due, the board shall suspend the landscape architect's license from and after the expiration of thirty days from the date of the mailing, by certified mail, return receipt requested, postage prepaid to the landscape architect at his office address as it appears in the records of the board, of a notice of the delinquency of the landscape architect. Such notice shall state that, upon the expiration of the time allowed in this subsection, the license shall be suspended unless within such time the annual license fee or any such fine, or both, are remitted.] A holder of a valid license who is not engaging in the active practice of [his] the holder's profession in this state and does not desire to register may allow [his] the license to lapse by notifying the board of [his] the holder's intention not to renew the license. After a license has been allowed to lapse or has been suspended, it may be reinstated upon payment of a reinstatement fee and such proof of the landscape architect's qualifications as may be required in the sound discretion of the board. The department shall issue a receipt to each landscape architect promptly upon the payment of the annual fee for a license. The amount of fees prescribed by this chapter is that fixed by the following schedule: (1) The application fee for examination shall be a nonrefundable fee of forty dollars; (2) the fee for an initial license shall be one hundred forty dollars; (3) the fee for a duplicate license shall be five dollars; (4) the annual license fee shall be the professional services fee for class E, as defined in section 33-182l; (5) the reinstatement fee for a suspended license shall be two hundred dollars; and (6) the reinstatement fee for a lapsed license shall be ninety dollars.

Sec. 7. Subsection (a) of section 20-377o of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Upon receipt of a completed application and fee, the commissioner shall: (1) Issue and deliver to the applicant a certificate of registration as an interior designer; or (2) refuse to issue such certificate. The commissioner may suspend, revoke or refuse to issue or renew any certificate issued under sections 20-377k to 20-377v, inclusive, for any of the reasons stated in section 20-377s.

Sec. 8. Subdivision (2) of section 21a-7 of the general statutes is repealed and the following is substituted in lieu thereof:

(2) Each board or commission may, in its discretion, issue (A) an appropriate order to any person found to be violating an applicable statute or regulation [,] providing for the immediate discontinuance of the violation, (B) an order requiring the violator to make restitution for any damage caused by the violation, or (C) both. Each board or commission may, through the Attorney General, petition the superior court for the county wherein the violation occurred, or wherein the person committing the violation resides or transacts business, for the enforcement of any order issued by it and for appropriate temporary relief or a restraining order and shall certify and file in the court a transcript of the entire record of the hearing or hearings, including all testimony upon which such order was made and the findings and orders made by the board or commission. The court may grant such relief by injunction or otherwise, including temporary relief, as it deems equitable and may make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, any order of a board or commission.

Sec. 9. Section 21a-9 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) With regard to the boards and commissions within the Department of Consumer Protection, the Commissioner of Consumer Protection (1) shall adopt uniform rules of procedure, consistent with chapter 54, for hearings and other proceedings to be conducted by the boards or commissions and for the giving of notice to persons affected by such proceedings, and (2) may, where authorized by statute, adopt regulations regarding any subject within the jurisdiction of a board or commission.

(b) Any rules of procedure and regulations adopted pursuant to this section shall be adopted in accordance with chapter 54. No regulation shall be adopted pursuant to this section until the appropriate board or commission has had reasonable opportunity to review the proposed regulation and to offer comments thereon.

(c) Each such board or commission may act in accordance with the provisions of subdivision (7) of section 21a-7, in the case of a practitioner who: (1) [Knowingly engages] Engages in fraud or material deception in order to obtain a license, registration or certificate issued by the board or commission or [doing so in order] to aid another in obtaining a license, registration or certificate issued by the board or commission; (2) performs work beyond the scope of the license, registration or certificate issued by the board or commission; (3) illegally uses or transfers a license, registration or certificate issued by the board or commission; (4) performs incompetent or negligent work; (5) [knowingly] makes false, misleading or deceptive representations to the public; [regarding work to be performed; or] (6) has been subject to disciplinary action similar to that specified in subdivision (7) of section 21a-7 by a duly authorized professional agency of the United States, any state within the United States, the District of Columbia, a United States possession or territory or a foreign jurisdiction; or (7) violates any provision of the general statutes or any regulation established thereunder, relating to [his] the practitioner's profession or occupation.

(d) As used in chapters 390, 391, 392, 393, 394, 396, 400j, 451, 482 and 400l:

(1) "Certificate" includes the whole or part of any Department of Consumer Protection permit which the department issues under authority of the general statutes and which (A) authorizes practice of the profession by certified persons but does not prohibit the practice of the profession by others, not certified, (B) prohibits a person from falsely representing that [he] such person is certified to practice the profession unless the person holds a certificate issued by the department and (C) requires as a condition of certification that a person submit specified credentials to the department which attest to qualifications to practice the profession.

(2) "License" includes the whole or part of any Department of Consumer Protection permit, approval, or similar form of permission which the department issues under authority of the general statutes and which requires (A) practice of the profession by licensed persons only, (B) demonstration of competence to practice by examination or other means and meeting of certain minimum standards and (C) enforcement of standards by the department or regulatory board or commission.

(3) "Registration" includes the whole or part of any permit which the department issues under authority of the general statutes and which (A) requires persons to place their names on a list maintained by the department before they can engage in the practice of a specified profession or occupation, (B) does not require a person to demonstrate competence by examination or other means and (C) may be revoked or suspended by the commissioner for cause.

Sec. 10. Section 20-343 of the general statutes is repealed.

Approved May 27, 1999

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