Chapter 416 - Department of Consumer Protection

Sec. 21a-1a. Commissioner and Department of Consumer Protection substituted for former commissioner and department. (a)(1) Wherever the term “Department of Public Safety” is used in the following general statutes, the term “Department of Consumer Protection” shall be substituted in lieu thereof; and (2) wherever the term “Commissioner of Public Safety” is used in the following general statutes, the term “Commissioner of Consumer Protection” shall be substituted in lieu thereof: 29-133, 29-134, 29-136 and 29-136a.

(b) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.

(P.A. 11-51, S. 174.)

History: P.A. 11-51 effective July 1, 2011.

Sec. 21a-1b. Commissioner and Department of Consumer Protection substituted for former executive director and division. (a)(1) Wherever the term “executive director of the Division of Special Revenue” is used in the following general statutes, the term “Commissioner of Consumer Protection” shall be substituted in lieu thereof, (2) wherever the term “executive director” is used in the following general statutes, the term “commissioner” shall be substituted in lieu thereof, and (3) wherever the term “division” is used in the following general statutes, the term “department” shall be substituted in lieu thereof: 7-173, 7-174, 7-177a, 7-178, 7-180 to 7-183, inclusive, 12-560, 12-561, 12-563, 12-563a, 12-564, 12-564a, 12-565, 12-566, 12-567, 12-568a, 12-571, 12-571a, 12-572, 12-573, 12-574, 12-575, 12-573a, 12-574a, 12-574c, 2-574d, 12-576, 12-578, 12-584, 12-585, 12-802a, 12-806, 12-806a, 12-807, 12-808, 12-813, 12-815, 12-815a, 17a-713, 29-18c, 30-20 and 53-278g.

(b) Wherever the term “executive director of the Division of Special Revenue” is used in the general statutes or in any special or public act of 2011, the term “Commissioner of Consumer Protection” shall be substituted in lieu thereof. Wherever the term “Division of Special Revenue” is used in the general statutes or any public or special act of 2011, the term “Department of Consumer Protection” shall be substituted in lieu thereof.

(c) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.

(P.A. 11-51, S. 182.)

History: P.A. 11-51 effective July 1, 2011.

Sec. 21a-1c. Appointment of director. The Commissioner of Consumer Protection may appoint a director to perform such functions as the commissioner shall delegate to implement and administer the provisions of sections 7-169 to 7-186, inclusive, and chapters 226, 226b and 229a. Such director shall be exempt from the classified service.

(P.A. 11-61, S. 82.)

History: P.A. 11-61 effective July 1, 2011.

Sec. 21a-2. (Formerly Sec. 19-170e). Toll-free telephone line for consumer inquiries and complaints. Processing of consumer complaints and other matters. Notification to respondent. Fine for failure to respond. Notices of administrative enforcement actions. (a) A toll-free telephone line, available to consumers throughout the state, shall be established in the Department of Consumer Protection for the handling of consumer inquiries and complaints concerning consumer goods or services in the state or any other matter within the jurisdiction of the department and its licensing and regulatory boards. The line shall be in operation from 8:30 a.m. to 4:30 p.m. Monday through Friday each week, exclusive of those legal holidays on which state offices are closed, and shall be restricted to incoming calls.

(b) The Department of Consumer Protection shall process the intake of consumer complaints concerning consumer goods or services in the state and any other matter within the jurisdiction of the department. In order to assist in the resolution of consumer complaints, the department may notify, in writing, the respondent against whom a complaint was received of the allegations against them and require a written response be provided to the department not later than thirty days of receipt of such notice.

(c) For purposes of this section, “credential holder” means a person certified, licensed, permitted or registered with the Department of Consumer Protection. In the event the department provides written notice to a respondent who is not a credential holder that a complaint has been filed against him or her, and said respondent fails to respond after receipt of such notice, the respondent may be fined not more than two hundred fifty dollars for failure to respond to the department. Written notice for purposes of this section shall include notice sent by registered or certified mail or hand-delivered to a respondent.

(d) All notices of administrative enforcement actions, including compliance meetings and hearings, shall be in writing and shall comply with the provisions of subsections (a) and (b) of section 4-177 and subsection (c) of section 4-182. A notice of administrative enforcement action shall be delivered to all designated parties and intervenors who are not credential holders, or their authorized representative: (1) Personally, (2) by United States mail, with delivery tracking or via certified mail, or (3) via electronic mail with tracking and delivery confirmation. Delivery of administrative enforcement action notices shall be deemed effective notice if delivered or sent to a credential holder's last known address or electronic mail address of record on file with the department. If the party is not a credential holder, service shall be deemed sufficient, provided the department has made reasonable efforts to effectuate notice, including, but not limited to, by verifying the mailing address with the Secretary of the State or the Department of Motor Vehicles.

(P.A. 73-640, S. 1–3; P.A. 77-614, S. 172, 610; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 18-141, S. 3; P.A. 21-37, S. 13.)

History: P.A. 77-614 deleted Subsec. (b) containing appropriation to carry out section purposes and added reference to use of telephone line for handling other matters within jurisdiction of department and its licensing and regulatory boards, effective January 1, 1979; Sec. 19-170e transferred to Sec. 21a-2 in 1983; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department and 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. 18-141 designated existing provisions re telephone line as Subsec. (a), added Subsec. (b) re processing intake of consumer complaints and notification to respondent, and added Subsec. (c) re fine for respondent's failure to respond, effective June 11, 2018; P.A. 21-37 added Subsec. (d) re notices of administrative enforcement actions, effective June 4, 2021.

Sec. 21a-3. (Formerly Sec. 19-171c). Division of Consumer Education. The Commissioner of Consumer Protection shall establish a Division of Consumer Education to provide free extension courses for the public in consumer economics and consumer finances to develop an awareness of deceptive sales practices and economically sound family budgeting.

(1969, P.A. 566, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

History: Sec. 19-171c transferred to Sec. 21a-3 in 1983; 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.

Sec. 21a-3a. Public awareness campaign for elderly consumers re resistance to marketing tactics and scams. The Department of Consumer Protection, in collaboration with the Department of Aging and Disability Services, shall conduct a public awareness campaign, within available funding, to educate elderly consumers and caregivers on ways to resist aggressive marketing tactics and scams.

(P.A. 13-250, S. 6; June Sp. Sess. P.A. 17-2, S. 311; P.A. 18-169, S. 35; P.A. 19-157, S. 79.)

History: P.A. 13-250 effective July 1, 2013; June Sp. Sess. P.A. 17-2 deleted reference to Department on Aging, effective October 31, 2017; P.A. 18-169 replaced “Department of Social Services” with “Department of Rehabilitation Services”, effective June 14, 2018; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”.

Sec. 21a-4. (Formerly Sec. 19-171b). Refund of fees for unused permits. Fine for payment by check or electronic funds transfer returned as uncollectible. Fine for late renewal of license, certificate or registration. Reinstatement of lapsed license. (a) The Commissioner of Consumer Protection may refund to any permittee the fee paid by him for any permit issued by said commissioner and returned to him prior to its use, provided application for such refund shall be made not later than sixty days after the effective date of such permit.

(b) The Commissioner of Consumer Protection may impose a fine of twenty dollars on any applicant for a permit or license issued by the Commissioner of Consumer Protection who issues to the commissioner a check or electronic funds transfer drawn on the account of such applicant in payment of a permit or license fee and whose check or electronic funds transfer is returned to the Department of Consumer Protection as uncollectible. In addition, the commissioner may require the applicant to pay to the department any fees charged by a financial institution to the department as a result of such returned check or electronic funds transfer.

(c) The Commissioner of Consumer Protection may impose a fine on any applicant who fails to renew a license, permit, certificate or registration not later than the expiration date of such license, permit, certificate or registration. The amount of the fine shall be equal to ten per cent of the renewal fee but shall not be less than ten dollars or more than one hundred dollars.

(d) Notwithstanding any other provision of the general statutes, each applicant whose license has lapsed for a period longer than the length of time allowing automatic reinstatement may apply for reinstatement to the appropriate board. Upon receipt of such application and payment of the fee, the department may, at its discretion, reinstate a lapsed license without examination, provided such application for reinstatement is accompanied by a notarized letter and supporting documentation attesting to the applicant's related work experience in their occupation or profession from the time he or she had let such license lapse. Such applicant, upon approval by the department, shall pay all back license and late fees in order for such license to be reinstated.

(e) When a license, permit, certification or registration has lapsed for a period longer than the length of time allowing automatic reinstatement, or the general statutes are silent as to the period of time during which reinstatement of the license, permit, certification or registration is permissible, an applicant may apply for reinstatement to the department. Upon receipt of such application and payment of the corresponding application fee, the department may, if application was made not later than three years after the date allowing automatic reinstatement, reinstate the lapsed license, permit, certification or registration without examination. The applicant, prior to reinstatement by the department, shall pay all back license and late fees, unless the applicant attests that he or she has not worked in the applicable occupation or profession in this state while the license, permit, certification or registration was lapsed, in which case the applicant shall pay the current year's renewal fee for reinstatement. If the license, permit, certification or registration lapse is three years or more, the applicant shall apply for a new license, permit, certification or registration.

(f) Unless expressly provided otherwise by law, application fees for a license, permit, certification or registration within the purview of the Department of Consumer Protection shall be nonrefundable.

(1959, P.A. 206; P.A. 84-340, S. 1; P.A. 94-36, S. 39, 42; P.A. 99-194, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 10-9, S. 7; P.A. 13-196, S. 20, 22; P.A. 17-77, S. 12; P.A. 18-40, S. 5; P.A. 19-177, S. 37.)

History: Sec. 19-171b transferred to Sec. 21a-4 in 1983; P.A. 84-340 added Subsec. (b), allowing the commissioner to fine applicants who pay permit or license fees with a check which is returned as uncollectible; P.A. 94-36 added Subsec. (c) re fine for late renewal, effective January 1, 1995; P.A. 99-194 amended Subsec. (c) to make technical changes and adjust parameters of fine from the greater of 10% of renewal fee or $10, to an amount equal to 10% of renewal fee but no less than $10 and no greater than $100; 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. 10-9 changed “within thirty days of” to “not later than” re expiration date in Subsec. (c), effective May 5, 2010; P.A. 13-196 amended Subsec. (b) by adding provision allowing commissioner to require applicant to pay fees charged by financial institution to department as a result of returned check and added Subsec. (d) re board reinstatement of lapsed license without examination, effective June 21, 2013; P.A. 17-77 amended Subsec. (d) to replace “board” with “department” and added Subsec. (e) re application for reinstatement of lapsed license, permit, certificate and registration, effective July 1, 2017; P.A. 18-40 added Subsec. (f) re nonrefundable application fees, effective July 1, 2018; P.A. 19-177 amended Subsec. (b) by adding references to electronic funds transfer, effective July 9, 2019.

Sec. 21a-5. (Formerly Sec. 19-171d). Federal funds, separate account authorized. The Commissioner of Consumer Protection is authorized to do all things necessary to apply for, qualify for and accept any federal funds made available or allotted under any federal act for any projects, programs or activities which may be established by federal law, for any of the purposes, or activities related thereto, of any provisions of the general statutes administered by said commissioner, and said commissioner shall administer any such funds allotted to the department in accordance with federal law. The commissioner may enter into contracts with the federal government concerning the use and repayment of such funds under any such federal act, the prosecution of the work under any such contract and the establishment of, and disbursement from, a separate account in which federal and state funds estimated to be required for plan preparation or other eligible activities under such federal act shall be kept. Said account shall not be a part of the General Fund of the state or any subdivision of the state.

(P.A. 74-292, S. 2, 3; P.A. 84-344, S. 2, 11; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

History: Sec. 19-171d transferred to Sec. 21a-5 in 1983; P.A. 84-344 deleted Subsec. (b) which had authorized the state to enter into contracts with boxing inspectors, effective March 1, 1985; 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.

Sec. 21a-6. (Formerly Sec. 19-171e). Boards and commissions within Department of Consumer Protection. The following boards shall be within the Department of Consumer Protection:

(1) The Architectural Licensing Board established under chapter 390;

(2) Repealed by P.A. 93-151, S. 3, 4;

(3) The examining boards for electrical work; plumbing and piping work; heating, piping, cooling and sheet metal work; elevator installation, repair and maintenance work; fire protection sprinkler systems work and automotive glass work and flat glass work, established under chapter 393;

(4) Repealed by P.A. 99-73, S. 10*;

(5) The Commission of Pharmacy established under chapter 400j;

(6) The State Board of Landscape Architects established under chapter 396;

(7) Deleted by P.A. 98-229;

(8) The State Board of Examiners for Professional Engineers and Land Surveyors established under chapter 391;

(9) Repealed by P.A. 80-484, S. 175, 176;

(10) The Connecticut Real Estate Commission established under chapter 392;

(11) The Connecticut Real Estate Appraisal Commission established under chapter 400g;

(12) The State Board of Examiners of Shorthand Reporters established under chapter 400l;

(13) The Liquor Control Commission established under chapter 545;

(14) Repealed by P.A. 06-187, S. 99;

(15) The Home Inspection Licensing Board established under section 20-490a; and

(16) The State Board of Accountancy established under section 20-280.

(P.A. 77-614, S. 166, 610; P.A. 78-303, S. 75, 136; P.A. 79-560, S. 23, 39; P.A. 80-484, S. 175, 176; P.A. 82-419, S. 34, 47; P.A. 85-504, S. 12, 15; P.A. 90-230, S. 89, 101; P.A. 93-151, S. 3, 4; P.A. 94-240, S. 7, 14; May 25 Sp. Sess. P.A. 94-1, S. 58, 130; P.A. 95-264, S. 51; P.A. 97-166, S. 8; P.A. 98-10, S. 86; P.A. 99-170, S. 6; 99-194, S. 5; 99-253, S. 7; 99-254, S. 17, 18; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 06-187, S. 99; P.A. 16-185, S. 1; May Sp. Sess. P.A. 16-3, S. 77.)

*Note: P.A. 99-73, S. 10, repealed section 20-343, effective October 1, 1999, without affecting this section.

History: P.A. 78-303 removed consumers advisory council as entity within department for administrative purposes (Subsec. (i)) and relettered remaining Subsecs. accordingly; P.A. 79-560 added Subsec. (k) placing Connecticut real estate commission within the department; P.A. 80-484 repealed Subsec. (j) which had placed state board of veterinary registration and examination within the department; P.A. 82-419 changed name of architectural registration board to architectural licensing board and state board of registration for professional engineers and land surveyors to state board of examiners for professional engineers and land surveyors; Sec. 19-171e transferred to Sec. 21a-6 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 85-504 removed the state board of accounting from the number of boards within the department of consumer protection; P.A. 90-230 made technical correction in, and added “and fire protection sprinkler systems work” to Subdiv. (3); P.A. 93-151 repealed former Subdiv. (2), thereby removing Connecticut well drilling board from control of consumer protection department, effective June 14, 1993; P.A. 94-240 and May 25 Sp. Sess. P.A. 94-1 both added Subdiv. (11) placing the Connecticut Real Estate Appraisal Commission within the department, effective July 1, 1994, and June 21, 1994, respectively; P.A. 95-264 made technical changes in Subdiv. (5) (Revisor's note: A reference in Subdiv. (11) to Sec. 20-527, was changed editorially by the Revisors to Sec. 20-526 to reflect the repeal of Sec. 20-527 by P.A. 95-186); P.A. 97-166 added Subdiv. (12) re the State Board of Examiners of Shorthand Reporters and made technical changes; P.A. 98-10 made a technical change in Subdiv. (11); P.A. 99-170 amended Subdiv. (3) to place the automotive glass work and flat glass work examining board within the department; P.A. 99-194 deleted former Subdiv. (7) re the State Tree Protection Examining Board and added Subdivs. (13) and (14) placing Liquor Control Commission and Boxing Promotion Commission within the department (Revisor's note: In codifying Subdiv. (7) the Revisors editorially changed “Repealed by P.A. 98-229” to “Deleted by P.A. 98-229” for accuracy, since P.A. 98-229 moved the State Tree Protection Examining Board from the Department of Consumer Protection to the Department of Environmental Protection rather than repealing the board); P.A. 99-253 amended Subdiv. (3) to replace reference to heating, piping and cooling work with reference to heating, piping, cooling and sheet metal work; P.A. 99-254 added new Subdiv. (13) to place the Home Inspection Licensing Board within the department, effective July 1, 2000 (Revisor's note: The Revisors editorially renumbered the new Subdiv. as “(15)” to reflect the addition of new Subdivs. (13) and (14) by P.A. 99-194); June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with 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. 06-187 repealed Subdiv. (14) re Boxing Promotion Commission; P.A. 16-185 amended Subdiv. (3) to make a technical change and amended Subdiv. (4) to replace reference to State Board of Television and Radio Service Examiners with “Repealed by P.A. 99-73, S. 10”, effective July 1, 2016; May Sp. Sess. P.A. 16-3 amended Subdiv. (3) to make a technical change, amended Subdiv. (4) to replace reference to State Board of Television and Radio Service Examiners with “Repealed by P.A. 99-73, S. 10”, and added Subdiv. (16) re State Board of Accountancy, effective July 1, 2016.

Cited. 12 CA 251; 41 CA 827.

Sec. 21a-7. (Formerly Sec. 19-171f). Powers and duties of boards and commissions within Department of Consumer Protection. (a) Each board or commission within the Department of Consumer Protection under section 21a-6 shall have the following powers and duties:

(1) Each board or commission shall exercise its statutory functions, including licensing, certification, registration, accreditation of schools and the rendering of findings, orders and adjudications. With the exception of the Liquor Control Commission, any exercise of such functions by such a board or commission that is adverse to a party shall be a proposed decision and subject to approval, modification or rejection by the commissioner.

(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 judicial district 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.

(3) Each board or commission may conduct hearings on any matter within its statutory jurisdiction. Such hearings shall be conducted in accordance with chapter 54 and the regulations established pursuant to subsection (a) of section 21a-9. In connection with any such hearing, the board or commission may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If any person refuses to appear, testify or produce any book, record or document when so ordered, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section.

(4) Each board or commission may request the Commissioner of Consumer Protection to conduct an investigation and to make findings and recommendations regarding any matter within the statutory jurisdiction of the board or commission.

(5) Each board or commission may recommend rules and regulations for adoption by the Commissioner of Consumer Protection and may review and comment upon proposed rules and regulations prior to their adoption by said commissioner.

(6) Each board or commission shall meet at least once in each quarter of a calendar year and at such other times as the chairperson or the Commissioner of Consumer Protection deems necessary. A majority of the members shall constitute a quorum, except that for any examining board, forty per cent of the members shall constitute a quorum. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings during any calendar year shall be deemed to have resigned from office. Members of boards or commissions shall not serve for more than two consecutive full terms which commence on or after July 1, 1982, except that if no successor has been appointed or approved, such member shall continue to serve until a successor is appointed or approved. Members shall not be compensated for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties.

(7) In addition to any other action permitted under the general statutes, each board or commission may, upon a finding of any cause specified in subsection (c) of section 21a-9: (A) Revoke, place conditions upon or suspend a license, registration or certificate; (B) issue a letter of reprimand to a practitioner and send a copy of such letter to a complainant or to a state or local official; (C) place a practitioner on probationary status and require the practitioner to (i) report regularly to the department, board or commission on the matter which is the basis for probation, (ii) limit the practitioner's practice to areas prescribed by the board or commission, or (iii) continue or renew the practitioner's education until the practitioner has attained a satisfactory level of competence in any area which is the basis for probation; or (D) impose a fine not exceeding one thousand dollars per violation. Each board or commission may discontinue, suspend or rescind any action taken under this subsection.

(8) Each examining board within the Department of Consumer Protection or the Commissioner of Consumer Protection shall conduct any hearing or other action required for an application submitted pursuant to section 20-333 and any completed renewal application submitted pursuant to section 20-335 not later than (A) thirty days after the date of submission for such application or completed renewal application, as applicable, or (B) a period of time deemed appropriate by the Commissioner of Consumer Protection, but not to exceed sixty days after such date of submission.

(b) With the exception of the Liquor Control Commission, each board or commission within the Department of Consumer Protection under section 21a-6 that makes a proposed final decision that is adverse to a party as described in subdivision (1) of subsection (a) of this section, shall submit such proposed decision to the Commissioner of Consumer Protection. Not later than thirty calendar days after receipt of any such proposed decision, the Commissioner of Consumer Protection shall notify such board or commission that the commissioner shall render the final decision concerning such matter. Not later than thirty days after receipt of any such proposed decision, the commissioner shall approve, modify or reject the proposed decision or remand the proposed decision for further review or for the taking of additional evidence. The commissioner shall notify the board or commission in writing of the commissioner's decision and include in such notification the rationale for such decision. The decision of the commissioner shall be the final decision in accordance with section 4-180 for purposes of reconsideration in accordance with section 4-181a or appeal to the Superior Court in accordance with section 4-183.

(P.A. 77-614, S. 167, 610; P.A. 78-303, S. 76–78, 136; P.A. 82-370, S. 1, 16; 82-419, S. 1, 47; 82-422, S. 1, 14; P.A. 91-405, S. 6; P.A. 99-73, S. 8; P.A. 01-195, S. 89, 181; P.A. 03-19, S. 55; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; Oct. Sp. Sess. P.A. 11-1, S. 77; P.A. 16-185, S. 2; P.A. 17-77, S. 1; P.A. 21-37, S. 14.)

History: P.A. 78-303 replaced “the” board with “each” board in Subsecs. (c), (d) and (e); P.A. 82-370, 82-419 and 82-422 all amended section to include references to commissions within the department and added subsections (f) and (g) concerning meetings, number of terms for members, attendance requirements and permissible disciplinary actions; Sec. 19-171f transferred to Sec. 21a-7 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 91-405 amended Subdiv. (6) to provide that if no successor to board member has been appointed or approved, the member shall continue to serve until a successor is appointed or approved; P.A. 99-73 amended Subdiv. (2) by adding Subpara. indicators (A), (B) and (C), and in Subparas. (B) and (C) authorized the board to issue “an order requiring the violator to make restitution for any damage caused by the violation, or (C) both”; P.A. 01-195 made technical changes in Subdivs. (2) and (7), effective July 11, 2001; P.A. 03-19 made technical changes in Subdiv. (7), effective May 12, 2003; 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; Oct. Sp. Sess. P.A. 11-1 amended Subdiv. (6) to provide that 40% of examining board members shall constitute a quorum and added Subdiv. (8) re 30-day deadline for hearing or other action by examining board re application pursuant to Sec. 20-333 or renewal application pursuant to Sec. 20-335, effective October 27, 2011; P.A. 16-185 designated existing provisions as Subsec. (a) and amended same by replacing “transferred to the Department of Consumer Protection” with “within the Department of Consumer Protection”, replacing provisions re exercise of functions independently of commissioner and final decision with provisions re functions adverse to party to be proposed decision in Subdiv. (1), adding reference to commissioner in provision re meetings and deleting provision re meeting at request of majority of board or commission members in Subdiv. (6), adding reference to commissioner in provision re conducting hearing, designating existing provision re 30 days after submission as Subpara. (A) and adding Subpara. (B) re period of time deemed appropriate by commissioner in Subdiv. (8) and making technical changes, and added Subsec. (b) re proposed decision of board or commission and final decision of commissioner, effective July 1, 2016; P.A. 17-77 amended Subsecs. (a)(1) and (b) to add provision re exception for Liquor Control Commission, effective July 1, 2017; P.A. 21-37 amended Subsec. (a)(7) in Subpara. (A) by adding “place conditions upon”, in Subpara. (C)(i) by adding “department” and by adding Subpara. (D) re imposing fine not exceeding $1,000 per violation, effective June 4, 2021.

Cited. 204 C. 156; 209 C. 719.

Sec. 21a-8. (Formerly Sec. 19-171g). Department's and commissioner's powers and duties re boards and commissions. (a) The Department of Consumer Protection shall have the following powers and duties with regard to each board or commission transferred to the Department of Consumer Protection under section 21a-6, except for the Liquor Control Commission:

(1) The department shall control the allocation, disbursement and budgeting of funds appropriated to the department for the operation of each board or commission transferred to said department.

(2) The department shall employ and assign such personnel as the commissioner deems necessary for the performance of each board's or commission's functions.

(3) The department shall perform all management functions, including purchasing, bookkeeping, accounting, payroll, secretarial, clerical, record-keeping and routine housekeeping functions.

(4) The department shall conduct any necessary review, inspection or investigation regarding qualifications of applicants for licenses or certificates, possible violations of statutes or regulations, accreditation of schools, disciplinary matters and the establishment of regulatory policy, and make recommendations to the appropriate board or commission. In connection with any such investigation, the Commissioner of Consumer Protection, or the commissioner's authorized agent, may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If any person refuses to appear, to testify or to produce any book, record or document when so ordered, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section.

(5) The department shall administer any examinations necessary to ascertain the qualifications of applicants for licenses or certificates and shall issue licenses or certificates to qualified applicants. The department shall maintain rosters of licensees or registrants and update such rosters annually, and may provide copies of such rosters to the public for an appropriate fee.

(6) The department shall conduct any necessary investigation and follow-up in connection with complaints regarding persons subject to regulation or licensing by the board or commission.

(7) The department shall perform any other function necessary to the effective operation of the board or commission.

(8) The department shall receive complaints concerning the work and practices of persons licensed, registered or certified by such boards or commissions and shall receive complaints concerning unauthorized work and practice by persons not licensed, registered or certified by such boards or commissions. The department shall distribute quarterly a list of all complaints received within the previous quarter to the chairperson of the appropriate board or commission. The department shall screen all complaints and dismiss any in which the allegation, if substantiated, would not constitute a violation of any statute or regulation. The department shall distribute notice of all such dismissals monthly to the chairperson of the appropriate board or commission. The department shall investigate any complaint in which the allegation, if substantiated, would constitute a violation of a statute or regulation under its jurisdiction. In conducting the investigation, the commissioner may seek the assistance of a member of the appropriate board, an employee of any state agency with expertise in the area, or if no such member or employee is available, a person from outside state service licensed to perform the work involved in the complaint. Board or commission members involved in an investigation shall not participate in disciplinary proceedings resulting from such investigation. The Commissioner of Consumer Protection may dismiss a complaint following an investigation if the commissioner determines that such complaint lacks probable cause. The commissioner may bring a complaint before the appropriate board or commission for a formal hearing if the commissioner determines that there is probable cause to believe that the offense alleged in the complaint has been committed and that the practitioner named in the complaint was responsible. The commissioner, or the commissioner's authorized agent, shall have the power to issue subpoenas to require the attendance of witnesses or the production of records, correspondence, documents or other evidence in connection with any hearing of a board or commission.

(9) The department may contract with a third party, if the commissioner deems it necessary, to administer licensing examinations and perform all attendant administrative functions in connection with such examination and to monitor continuing professional education requirements, and may require the payment of a fee to such third party.

(b) Not later than January 15, 2015, and annually thereafter, the commissioner, in accordance with section 11-4a, shall report the following to the joint standing committee of the General Assembly having cognizance of matters relating to consumer protection and occupational licensing: (1) The total number of complaints received by the department in the previous calendar year concerning the work and practice of persons licensed, registered or certified by the boards or commissions specified in subdivisions (1) and (3) of section 21a-6, (2) the nature of each complaint, (3) the department's resolution of each complaint, including, if applicable, whether the complaint (A) was dismissed because the allegation, if substantiated, would not constitute a violation of any statute or regulation, (B) was investigated, (C) was dismissed, following an investigation, for lack of probable cause, (D) was resolved by a settlement, and whether a penalty was imposed pursuant to such settlement, or (E) was brought for formal hearing, and whether a violation was found and a penalty imposed.

(c) The Commissioner of Consumer Protection shall have the following powers and duties with regard to each board or commission within the Department of Consumer Protection under section 21a-6:

(1) The commissioner shall, in consultation with each board or commission, exercise the functions of licensing, certification, registration, accreditation of schools and the rendering of findings, orders and adjudications.

(2) The commissioner may, in the commissioner's discretion, issue an appropriate order to any person found to be violating any statute or regulation within the jurisdiction of such board or commission providing for the immediate discontinuance of the violation or requiring the violator to make restitution for any damage caused by the violation, or both. The commissioner may, through the Attorney General, petition the superior court for the judicial district in which the violation occurred, or in which the person committing the violation resides or transacts business, for the enforcement of any order issued by the commissioner under this subdivision and for appropriate temporary relief or a restraining order. The commissioner 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 commissioner. The court may grant such relief by injunction or otherwise, including temporary relief, as the court 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 the commissioner issued under this subdivision.

(3) The commissioner may conduct hearings on any matter within the statutory jurisdiction of such board or commission. Such hearings shall be conducted in accordance with chapter 54 and the regulations adopted pursuant to subsection (a) of section 21a-9. In connection with any such hearing, the commissioner may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If any person refuses to appear, testify or produce any book, record or document when so ordered, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this subdivision.

(4) In addition to any other action permitted under the general statutes, the commissioner may, upon a finding of any cause specified in subsection (c) of section 21a-9: (A) Revoke, place conditions upon or suspend a license, registration or certificate; (B) issue a letter of reprimand to a practitioner and send a copy of such letter to a complainant or to a state or local official; (C) place a practitioner on probationary status and require the practitioner to (i) report regularly to the commissioner on the matter which is the basis for probation, (ii) limit the practitioner's practice to areas prescribed by the commissioner, or (iii) continue or renew the practitioner's education until the practitioner has attained a satisfactory level of competence in any area which is the basis for probation; or (D) impose a fine not exceeding one thousand dollars per violation. The commissioner may discontinue, suspend or rescind any action taken under this subdivision. If a license, registration or certificate is voluntarily surrendered or is not renewed, the commissioner shall not be prohibited from suspending, revoking or imposing other penalties permitted by law on any such license, registration or certificate.

(P.A. 77-614, S. 168, 610; P.A. 82-61, S. 1, 2; 82-370, S. 2, 16; 82-419, S. 2, 47; 82-422, S. 2, 14; P.A. 83-487, S. 18, 33; P.A. 88-359, S. 10, 12; P.A. 89-57; June Sp. Sess. P.A. 91-12, S. 33, 55; P.A. 02-142, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 07-188, S. 3; P.A. 14-210, S. 3; P.A. 16-185, S. 3, 4; P.A. 17-77, S. 2; P.A. 19-177, S. 11; P.A. 21-37, S. 15.)

History: P.A. 82-61 amended Subdiv. (e) to require department to issue licenses and certificates and to maintain rosters and provide copies of them upon payment of fee; P.A. 82-370, 82-419 and 82-422 all amended section to include reference to commissions within the department and added Subdiv. (h) establishing uniform complaint procedure; Sec. 19-171g transferred to Sec. 21a-8 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 83-487 added Subdiv. (9) allowing department to contract with third parties for administration of licensing examinations and to require applicants to pay an examination fee to the third party; P.A. 88-359 amended Subdiv. (5) to require department to annually update rosters of licensees and registrants; P.A. 89-57 amended Subdiv. (8) to provide for subpoena power for the commissioner or the commissioner's authorized agent; June Sp. Sess. P.A. 91-12 amended Subdiv. (5) eliminating the authority of the board and commissions to supervise the department in administering license examination; P.A. 02-142 amended Subdiv. (8) to make a technical change for purposes of gender neutrality and amended Subdiv. (9) to permit department to contract with third party to monitor continuing professional education requirements and to permit department to require payment of a fee to third party, effective June 14, 2002; 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. 07-188 designated existing provisions as Subsec. (a), made technical changes therein and added Subsec. (b) re commissioner's powers and duties re boards and commissions; P.A. 14-210 amended Subsec. (a)(8) by deleting reference to chairperson re appropriate board or commission to approve notice of dismissal, added new Subsec. (b) re commissioner to report to General Assembly and redesignated existing Subsec. (b) as Subsec. (c); P.A. 16-185 amended Subsec. (a) to delete “and not specifically vested by statute in the board or commission” in Subdiv. (7), to replace “monthly” with “quarterly” in provision re distribution of list of complaints and to delete provisions re notice of dismissal, commissioner authorizing settlements and dispositions and final decisions by department to be forwarded to chairperson of board or commission in Subdiv. (8) and to delete “and if the appropriate board or commission consents,” in Subdiv. (9), and amended Subsec. (c) to replace “transferred to the Department of Consumer Protection” with “within the Department of Consumer Protection”, to add new Subdiv. (1) re commissioner to exercise functions, to redesignate existing Subdivs. (1) to (3) as Subdivs. (2) to (4) and to amend redesignated Subdiv. (3) to replace “regulations established” with “regulations adopted”, effective July 1, 2016; P.A. 17-77 amended Subsec. (a) to add provision re exception for Liquor Control Commission, effective July 1, 2017; P.A. 19-177 amended Subsec. (c)(4) by adding provision re voluntary surrender of license, registration or certificate, effective July 9, 2019; P.A. 21-37 amended Subsec. (c)(4) in Subpara. (A) by adding “place conditions upon” and by adding Subpara. (D) re imposing a fine not exceeding $1,000 per violation, effective June 4, 2021.

Cited. 204 C. 156; 224 C. 29.

Sec. 21a-8a. Consumer protection enforcement account. (a) There is established an account to be known as the “consumer protection enforcement account”. The account may contain any moneys required by law to be deposited in the account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding. The account shall be used by the Department of Consumer Protection to fund positions and other related expenses for the enforcement of Department of Consumer Protection licensing and registration laws.

(b) Notwithstanding any provision of the general statutes to the contrary, the amount of any civil penalty imposed or assessed by the Commissioner of Consumer Protection, his legally authorized representative or agent or a licensing board in the department, pursuant to sections 20-341, 21a-75, 21a-79, 21a-86g, 21a-96, 21a-236 and 21a-340 and any other provisions of titles 20, 21 and 21a, shall, upon deposit in the General Fund, be credited to the account established by subsection (a) of this section.

(June Sp. Sess. P.A. 91-12, S. 47, 55; P.A. 93-151, S. 1, 4; P.A. 94-68, S. 4; 94-95, S. 20; 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. 93-151 extended the duration of the fund from July 1, 1992, to June 30, 1995, effective June 14, 1993; P.A. 94-68 amended Subsec. (a) to allow the fund to finance related expenses and amended Subsec. (b) to extend the duration of the fund indefinitely; P.A. 94-95 changed name of fund from “Consumer Protection Enforcement Fund” to “consumer protection enforcement account”; 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.

Sec. 21a-9. (Formerly Sec. 19-171h). Uniform rules of procedure. Regulations re subjects within jurisdiction of boards and commissions within Department of Consumer Protection. Prohibited acts by practitioners. Rejection of decisions with anticompetitive effect. Definitions. (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 or by the commissioner 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, and the commissioner may act in accordance with the provisions of subdivision (4) of subsection (b) of section 21a-8, in the case of a practitioner who: (1) Engages in fraud or material deception in order to obtain a license, registration or certificate issued by the board, commission or commissioner or to aid another in obtaining a license, registration or certificate issued by the board, commission or commissioner; (2) performs work beyond the scope of the license, registration or certificate issued by the board, commission or commissioner; (3) illegally uses or transfers a license, registration or certificate issued by the board, commission or commissioner; (4) performs incompetent or negligent work; (5) makes false, misleading or deceptive representations to the public; (6) has been subject to disciplinary action similar to that specified in subdivision (7) of section 21a-7 or subdivision (4) of subsection (b) of section 21a-8 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 the practitioner's profession or occupation.

(d) In order to ensure compliance with the provisions of the Sherman Act, 15 USC 1 et seq., as amended from time to time, the Commissioner of Consumer Protection shall reject any proposed final decision of a board or commission submitted for the commissioner's approval pursuant to section 21a-7 if the commissioner finds such decision will have an anticompetitive effect.

(e) As used in chapters 390, 391, 392, 393, 394, 396, 400g, 400j, 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 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 Department of Consumer Protection 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.

(P.A. 77-614, S. 169, 610; P.A. 82-370, S. 3, 16; 82-419, S. 3, 47; 82-422, S. 3, 14; P.A. 83-487, S. 19, 33; P.A. 85-504, S. 13, 15; 85-613, S. 57, 154; P.A. 95-264, S. 52; P.A. 97-166, S. 9; P.A. 99-73, S. 9; 99-194, S. 6; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 07-188, S. 4; P.A. 16-185, S. 16.)

History: P.A. 82-370, 82-419 and 82-422 all added references to commissions within the department and added Subsecs. (c) and (d) establishing uniform grounds for disciplinary action and defining “certificate”, “license” and “registration”; Sec. 19-171h transferred to Sec. 21a-9 in 1983; P.A. 83-487 amended Subsec. (c) to permit disciplinary action for incompetent or negligent work where prior law required gross negligence or incompetence; P.A. 85-504 amended Subsec. (d) by removing chapter 389 from the list of chapters for which the definitions are applicable; P.A. 85-613 made technical change; P.A. 95-264 amended Subsec. (d) to make technical changes to conform section with other provisions of the Pharmacy Practice Act; P.A. 97-166 added reference to chapter 400l in Subsec. (d) and made technical changes; P.A. 99-73 amended Subsec. (c)(1) by adding reference to a practitioner who engages in fraud, etc., to obtain a license, registration or certificate issued by the board or commission or to aid another in obtaining such a license, registration or certificate, amended Subsec. (c)(6) by adding reference to a practitioner who has been subject to disciplinary action similar to that specified in Sec. 21a-7(7) by a 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, designated former Subsec. (c)(6) as Subsec. (c)(7), and made various technical changes to Subsec. (c)(5), new Subsec. (c)(7), and Subsec. (d)(1); P.A. 99-194 amended Subsec. (d) to add reference to chapter 400g, delete reference to chapter 451 and make gender neutral change in Subdiv. (1); 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. 07-188 amended Subsec. (a) by adding provision re hearings or proceedings conducted by commissioner, amended Subsec. (c) by adding provisions re action under Sec. 21a-8(b)(3) and made a technical change in Subsec. (d)(3); P.A. 16-185 amended Subsec. (c) by adding “or commissioner” and making technical changes, added new Subsec. (d) re rejection of proposed final decision found to have anticompetitive effect and redesignated existing Subsec. (d) re definitions of “certificate”, “license” and “registration” as Subsec. (e), effective July 1, 2016.

Cited. 209 C. 719.

Sec. 21a-10. (Formerly Sec. 19-171i). Commissioner of Consumer Protection authorized to establish, combine or abolish divisions, sections or other units, exception. Deputy commissioner. Regulations re staggered schedule for renewal of licenses. Prorated amount for guaranty fund fees and newly issued licenses, certificates, registrations and permits, allowed. Completion of continuing education requirements. (a) The Commissioner of Consumer Protection may establish, combine or abolish divisions, sections or other units within the Department of Consumer Protection and allocate powers, duties and functions among such units, but no function vested by statute in any officer, division, board, agency or other unit within the department shall be removed from the jurisdiction of such officer, division, board, agency or other unit under the provisions of this section. The Governor shall appoint a deputy commissioner of the department, with the advice and consent of one house of the General Assembly in accordance with the provisions of section 4-7, who shall have responsibilities related to the regulation of cannabis under RERACA.

(b) The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54, to designate a staggered schedule for the renewal of all licenses, certificates, registrations and permits issued by said department. If such designation of a staggered schedule results in the expiration of any license, certificate, registration or permit for a period of less than or more than one year, said commissioner may charge a prorated amount for such license, certificate, registration or permit. For any new license, certificate, registration or permit that is issued and for any guaranty fund fee that is imposed on or after January 1, 1995, the commissioner may charge a one-time prorated amount for such newly issued license, certificate, registration, permit or guaranty fund fee.

(c) For any Department of Consumer Protection license, certificate, registration or permit that requires the holder to complete continuing education requirements, the continuing education requirements shall be completed within the annual or biannual period that begins and ends three months prior to the renewal date for the applicable license, certificate, registration or permit, except for licenses issued pursuant to chapters 389 and 400j.

(P.A. 77-614, S. 171, 610; P.A. 94-36, S. 40, 42; P.A. 95-136, S. 7, 8; P.A. 99-194, S. 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. 21-37, S. 16; June Sp. Sess. P.A. 21-1, S. 140; P.A. 22-104, S. 48.)

History: Sec. 19-171i transferred to Sec. 21a-10 in 1983; P.A. 94-36 added Subsec. (b), authorizing establishment of staggered schedule for renewing licenses, registrations, certificates and permits, effective January 1, 1995; P.A. 95-136 amended Subsec. (b) to allow the commissioner to charge a one-time prorated amount for a newly issued license, certificate, registration or permit which had been in effect prior to January 1, 1995, effective June 7, 1995; P.A. 99-194 amended Subsec. (b) to make technical change and to empower commissioner to impose prorated guaranty fund fees; 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. 21-37 added Subsec. (c) re timeframe for completion of continuing education requirements; June Sp. Sess. P.A. 21-1 amended Subsec. (a) to add provision re appointment of deputy commissioner re regulation of cannabis, effective July 1, 2021; P.A. 22-104 amended Subsec. (c) by adding reference to Ch. 389, effective May 24, 2022.

See Sec. 21a-420 re definition of “RERACA”.

Sec. 21a-10a. Retirement status license. (a) Any person currently holding a license issued by the Department of Consumer Protection pursuant to title 20 who has attained the age of sixty-five may renew his or her license as a retirement status license pursuant to subsections (b) to (d), inclusive, of this section.

(b) An applicant for a retirement status license shall submit his or her original license to the Department of Consumer Protection, along with a letter of request for such classification. The letter shall contain a statement expressing the licensee's current retirement status and the acceptance of a restriction on the retirement status license prohibiting the applicant from actively engaging in the practice of the occupation or trade for which a license was originally issued.

(c) A licensee issued a retirement status license shall not practice or offer to practice the occupation or trade for which a license was originally issued.

(d) If the Department of Consumer Protection issues a retirement status license pursuant to this section, it shall return the original license submitted pursuant to subsection (b) of this section to the applicant. Such original license shall bear a designation or be stamped “Retired”.

(e) The fee for a retirement status license shall be twenty dollars.

(f) A licensee issued a retirement status license may restore such licensee's original license by submitting a form, to be provided by the Department of Consumer Protection, requesting reinstatement and by paying the current annual fee for such license.

(g) The Commissioner of Consumer Protection may, for good cause shown, grant a retirement status license to a person who does not meet the requirements of subsection (a) of this section.

(P.A. 11-117, S. 5.)

History: P.A. 11-117 effective January 1, 2012.

Sec. 21a-11. (Formerly Sec. 19-171). Powers and duties of commissioner. (a) The Commissioner of Consumer Protection may, subject to the provisions of chapter 67, employ such agents and assistants as are necessary to enforce the provisions of the general statutes wherein said commissioner is empowered to carry out the duties and responsibilities assigned to him or his department. For the purpose of inquiring into any suspected violation of such provisions, the commissioner and his deputy and assistants shall have free access, at all reasonable hours, to all places and premises, homes and apartments of private families keeping no boarders excepted. The commissioner and his or her deputy or assistants shall have the authority to issue citations pursuant to section 51-164n for violations for the purpose of enforcing such provisions. The commissioner may delegate his or her authority to render a final decision in a contested case to a hearing officer employed by, or contracted with, the department.

(b) On the tender of the market price, the commissioner or his deputy may take from any person, firm or corporation samples of any article which he suspects is sold, offered for sale, kept with intent to sell, made or manufactured contrary to any provision of this chapter or related chapters under the jurisdiction of said commissioner. He may analyze such samples or have them analyzed by a state chemist or by an experiment station or by the laboratories of the Department of Public Health, and a sworn or affirmed certificate by such analyst shall be prima facie evidence of the ingredients and constituents of the samples analyzed. If such analysis shows that any such sample does not conform to the requirements of law, and gives the commissioner or his deputy reasonable grounds for believing that any provision of this chapter or related chapters under his jurisdiction has been violated, he shall cause such violator to be prosecuted. Any person who refuses the access provided for herein to the commissioner, his deputy or assistants, or who refuses to sell the samples provided for herein, shall be guilty of a class D misdemeanor. Evidence of violation of any provision of this section shall be prima facie evidence of wilful violation.

(c) The commissioner may, subject to the provisions of chapter 54, revoke, suspend, place conditions upon, deny or impose a fine not exceeding one thousand dollars per violation with regard to any license or registration issued by the department in the event that such licensee or registrant, including, but not limited to, an owner of any business entity holding such license or registration, owes moneys to any guaranty fund or account maintained or used by the department, including, but not limited to, the Home Improvement Guaranty Fund established pursuant to section 20-432, the New Home Construction Guaranty Fund established pursuant to section 20-417i, the Connecticut Health Club Guaranty Fund established pursuant to section 21a-226, the Real Estate Guaranty Fund established pursuant to section 20-324a and the privacy protection guaranty and enforcement account established pursuant to section 42-472a.

(d) In addition to any other action permitted under the general statutes, the commissioner may, upon a finding of a violation: (1) Revoke, place conditions upon or suspend a license, registration or certificate; (2) issue a letter of reprimand to the holder of a license, registration or certificate and send a copy of such letter to a complainant or to a state or local official; (3) place the holder of a license, registration or certificate on probationary status and require the holder to (A) report regularly to the commissioner on the matter which is the basis for probation, (B) limit the holder's practice to areas prescribed by the commissioner, or (C) continue or renew the holder's education until the holder of a license, registration or certificate has attained a satisfactory level of competence in any area which is the basis for probation; or (4) impose a fine not exceeding one thousand dollars per violation. The commissioner may discontinue, suspend or rescind any action taken under this subsection. If a license, registration or certificate is voluntarily surrendered or is not renewed, the commissioner shall not be prohibited from suspending, revoking or imposing other penalties permitted by law on any such license, registration or certificate.

(1949 Rev., S. 3884; 1951, S. 2070d; 1959, P.A. 412, S. 2; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 12-80, S. 73; P.A. 13-299, S. 46; P.A. 17-77, S. 6; P.A. 18-141, S. 12; P.A. 21-37, S. 17.)

History: 1959 act substituted commissioner of consumer protection for commissioner of food and drugs, extended statute's application to enforcing provisions of general statutes, etc., instead of this chapter, changed technical language, deleted enumeration of violations and products involved and provided for analysis of samples by laboratories of state department of health; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec. 19-171 transferred to Sec. 21a-11 in 1983; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; 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; P.A. 12-80 replaced penalty of a fine of not more than $25 or imprisonment of not more than 30 days or both with a class D misdemeanor; P.A. 13-299 divided section into Subsecs. (a) and (b), effective July 1, 2013; P.A. 17-77 added Subsec. (c) re revocation, suspension or denial of license or registration, effective July 1, 2017; P.A. 18-141 amended Subsec. (a) to add provision re authority of commissioner, deputy or assistants to issue citations pursuant to Sec. 51-164n, effective June 11, 2018; P.A. 21-37 amended Subsec. (a) to add provision re delegating commissioner's authority to render a final decision, amended Subsec. (c) to add “place conditions upon” and provision re imposing a fine not exceeding $1,000 per violation and added Subsec. (d) re powers of commissioner upon finding of a violation, effective June 4, 2021.

Sec. 21a-11a. Complaints against new home construction contractors, home improvement contractors and salesmen and unregistered persons. Study. Report. (a) For purposes of this section: (1) “Commissioner” means the Commissioner of Consumer Protection or the commissioner's duly authorized representative, and (2) “department” means the Department of Consumer Protection.

(b) Any person may file a written complaint with the department concerning the work or practices of a person: (1) Registered as a new home construction contractor pursuant to chapter 399a, (2) registered as a home improvement contractor or salesman pursuant to chapter 400, or (3) who is not registered pursuant to said chapters but has performed work or acted in a manner that requires registration with the department pursuant to said chapters.

(c) The commissioner shall study measures to improve the process the department utilizes for accepting, processing and reporting to the public complaints the department receives under subsection (b) of this section. Such measures may include (1) creating subsets of closed complaints related to serious violations of law or regulations or patterns of other complaints against a contractor or individual, (2) determining which subsets of closed complaints are made available to the public via the department's Internet web site, (3) determining how long complaints remain posted and available to the public via the department's Internet web site, (4) creating improved notices or disclosures to the public on how to search for contractors and interpret complaints posted on the department's Internet web site, (5) adding information to the department's complaint database to better explain to the public complaints received by the department, responses from contractors to such complaints and resolutions of such complaints, and (6) any other changes to the department's complaint handling and disclosure procedures deemed appropriate by the commissioner.

(d) Not later than December 31, 2010, the commissioner shall submit a report on the department's findings and progress regarding measures described in subsection (c) of this section to the joint standing committee of the General Assembly having cognizance of matters relating to consumer protection, in accordance with the provisions of section 11-4a.

(P.A. 10-149, S. 1.)

History: P.A. 10-149 effective June 8, 2010.

Sec. 21a-11b. Issuance of license, permit, certification or registration to certain persons with license, permit, certification or registration from another United States jurisdiction. Requirements. (a) An occupational or professional license, permit, certification or registration issued by the Department of Consumer Protection pursuant to chapter 389, 390, 391, 392, 394, 396, 396a, 399a, 399b, 400, 400b, 400f, 400g, 400h, 400j, 400m, 400o or 400p shall be issued, in the occupation or profession applied for and at a practice level determined by the department, to a person who is (1) a resident of this state, as defined in section 12-701, and provides a current driver's license, utility bill, lease agreement or property deed indicating their residence in this state; or (2) married to an active duty member of the armed forces of the United States and accompanies such member, pursuant to an official permanent change of station, to a military installation located in this state, if such person:

(A) Holds a valid license, permit, certification or registration in at least one other jurisdiction in the United States in the occupation or profession applied for;

(B) Has at least four years of experience, including (i) practice under such license, permit, certification or registration, (ii) classroom education, and (iii) on-the-job training;

(C) Is in good standing in all jurisdictions in the United States in which he or she holds a license, permit, certification or registration and has not had a license, permit, certification or registration revoked or discipline imposed by any jurisdiction, does not have a complaint, allegation or investigation related to unprofessional conduct pending in any jurisdiction and has not voluntarily surrendered a license, permit, certification or registration while under investigation for unprofessional conduct in any jurisdiction;

(D) Satisfies any background check or character and fitness check required of other applicants for the license, permit, certification or registration;

(E) Pays all fees required of other applicants for the license, permit, certification or registration; and

(F) Takes and passes all or a portion of any examination required of other persons applying for the license, permit, certification or registration, except a person married to an active duty member of the armed forces of the United States may be required to take and pass all or a portion of such examination at the discretion of the Commissioner of Consumer Protection.

(b) Any person issued a license, permit, certification or registration pursuant to this section shall be subject to the laws of this state and the jurisdiction of the Department of Consumer Protection.

(c) Notwithstanding the other provisions of this section, the Commissioner of Consumer Protection may deny an occupational or professional license, permit, certification or registration if the commissioner finds such denial is in the best interest of the state.

(d) A person applying for a license, permit, certification or registration that is not required to practice an occupation or profession in at least twenty-five states who relocates to this state from another state that did not require a license, permit, certification or registration to practice the person's occupation or profession may be considered to have satisfied the conditions of subparagraphs (A) and (B) of subdivision (2) of subsection (a) of this section if he or she establishes to the satisfaction of the Department of Consumer Protection that he or she has four or more years of related work experience with a substantially similar scope of practice within the five years preceding the date of application to said department.

(P.A. 21-152, S. 4; P.A. 22-92, S. 10.)

History: P.A. 22-92 amended Subsec. (a)(2)(C) by making a technical change, effective May 24, 2022.

Sec. 21a-12. (Formerly Sec. 19-170f). Use of chemicals in removing soot from chimneys and flues. (a) The Commissioner of Consumer Protection is directed to prepare and enforce reasonable regulations for the safe manufacture, storage, transportation and use of chemical, mineral or metallic compounds used or intended to be used for the purpose of removing soot and scale from furnaces, steam boilers, flues or chimneys.

(b) Any person, firm or corporation engaged in, or desiring to engage in, the manufacture or distribution of any such compound shall first make application to said commissioner for permission to engage in such business and, at the same time, shall submit a sample of the compound which the applicant makes or proposes to make or distribute and shall pay a fee of fifty dollars. Said commissioner, on receipt of such application, sample and fee, shall promptly submit the sample so received to a state chemist for determination of the component elements and their relative proportions to each other in such sample. The state chemist to whom such sample is delivered shall analyze the same and advise said commissioner of his findings, especially as to the kind and quantity of each of the elements found in such sample, and shall further advise said commissioner as to whether or not the combination of ingredients so found in such sample creates or tends to create a special fire or casualty hazard. Said commissioner, on receipt of the report of the state chemist to the effect that the combination of the ingredients found in such sample does not constitute a special fire or casualty hazard, shall issue a certificate to the manufacturer or distributor of such compound approving its use when used in accordance with such reasonable regulations as said commissioner may make.

(c) From the fee received with each such application, said commissioner shall pay such reasonable sum as may be required to the state chemist and shall cause the balance of such fees to be deposited in the State Treasury as a part of the General Fund of the state.

(d) Any person who, by himself, his employee or agent, or as the employee or agent of another, manufactures, stores, transports, sells or offers for sale any such compound which has not been approved by the Commissioner of Consumer Protection in accordance with the provisions of this section shall be fined not more than five hundred dollars or imprisoned not more than six months or both.

(1949 Rev., S. 3685; P.A. 73-280; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

History: P.A. 73-280 replaced commissioner of state police with commissioner of consumer protection in Subsecs. (a) and (d); Sec. 29-108 transferred to Sec. 19-170f in 1979; Sec. 19-170f transferred to Sec. 21a-12 in 1983; 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.

Sec. 21a-12a. Training and education program on playground safety. Regulations. (a) The Commissioner of Consumer Protection shall develop a training and education program on playground safety issues. Such program may be presented annually. A representative from each municipality in the state may participate in such program.

(b) The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54, to develop standards for playground equipment by June 30, 1995. Such regulations shall include a recommended timetable under which playgrounds may meet the guidelines of the regulations. Such regulations shall be equivalent to the standards established by the Handbook for Public Playground Safety produced by the United States Product Safety Commission. The Commissioner of Consumer Protection may issue a report concerning the status of playgrounds in Connecticut to the General Assembly on or before February 15, 1996.

(P.A. 94-151; P.A. 96-259, S. 7; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

History: P.A. 96-259 amended Subsec. (a) to make the annual presentation of the program permissive, rather than mandatory; 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.

Sec. 21a-12b. Reusable food and beverage containers containing bisphenol-A: Prohibition; enforcement. (a) For the purposes of this section, “reusable food or beverage container” means a receptacle for storing food or beverages, including, but not limited to, baby bottles, spill-proof cups, sports bottles and thermoses, and excluding food or beverage containers intended for disposal after initial use and any bottle that is part of a water cooler system.

(b) On and after October 1, 2011, no person shall manufacture, sell, offer for sale or distribute in this state any reusable food or beverage container containing bisphenol-A.

(c) The provisions of this section may be enforced, within available appropriations, by the Commissioner of Consumer Protection.

(P.A. 09-103, S. 1; P.A. 11-59, S. 15.)

History: P.A. 09-103 effective October 1, 2011; P.A. 11-59 amended Subsec. (a) by redefining “reusable food or beverage container” to exclude any bottle that is part of a water cooler system.

Sec. 21a-12c. Infant formula and baby food receptacles containing bisphenol-A: Prohibition; existing inventory; enforcement. (a) For the purposes of this section, (1) “infant formula” means a milk-based or soy-based powder, concentrated liquid or ready-to-feed substitute for human breast milk, that is intended for infant consumption and is commercially available, and (2) “baby food” means a prepared solid food consisting of a soft paste or an easily chewed food that is intended for consumption by children two years of age or younger and is commercially available.

(b) Except as provided in subsection (c) of this section, on and after October 1, 2011, no person shall manufacture, sell, offer for sale or distribute in this state any infant formula or baby food that is stored in a plastic container, jar or can that contains bisphenol-A.

(c) A person may sell or distribute his or her existing inventory of infant formula or baby food containers, jars or cans containing bisphenol-A as of October 1, 2011, until October 1, 2012, provided such person can demonstrate that such containers, jars or cans were purchased or acquired prior to October 1, 2011, in a quantity comparable to the containers, jars or cans purchased or acquired during the same period of the prior year.

(d) The provisions of this section may be enforced, within available appropriations, by the Commissioner of Consumer Protection.

(P.A. 09-103, S. 2.)

History: P.A. 09-103 effective October 1, 2011.

Sec. 21a-12d. Children's jewelry containing cadmium: Prohibition; enforcement. (a) As used in this section:

(1) “Cadmium” means elemental cadmium and any compounds or alloys which contain cadmium; and

(2) “Children's jewelry” means any jewelry, including charms, bracelets, pendants, necklaces, earrings or rings, and any component thereof, that is designed or intended to be worn or used by children twelve years of age or younger.

(b) On and after July 1, 2016, no person shall manufacture, sell, offer for sale or distribute in this state any children's jewelry that contains cadmium at more than .0075 per cent by weight.

(c) The provisions of this section may be enforced, within available appropriations, by the Commissioner of Consumer Protection.

(P.A. 10-113, S. 1; P.A. 14-140, S. 1.)

History: P.A. 10-113 effective October 1, 2012; P.A. 14-140 amended Subsec. (b) by deleting exception re Subsec. (c) and changing “July 1, 2014” to “July 1, 2016”, effective June 6, 2014.

Sec. 21a-12e. Thermal receipt paper containing bisphenol-A: Prohibition; enforcement. (a) For the purposes of this section, “thermal receipt paper” or “cash register receipt paper” means any paper that is used by a commercial entity to issue a mechanically produced record of a commercial transaction.

(b) On and after October 1, 2013, no person shall manufacture, sell, offer for sale or distribute in this state any thermal receipt paper or cash register receipt paper that contains bisphenol-A.

(c) Notwithstanding the provisions of subsection (b) of this section, if the United States Environmental Protection Agency does not identify a safe, commercially available alternative to the use of bisphenol-A in thermal receipt paper or cash register receipt paper on or before June 30, 2013, no person shall manufacture, sell, offer for sale or distribute in this state any thermal receipt paper or cash register receipt paper that contains bisphenol-A on and after July 1, 2015.

(d) The provisions of this section may be enforced, within available appropriations, by the Commissioner of Consumer Protection.

(P.A. 11-222, S. 1.)

History: P.A. 11-222 effective October 1, 2013.

Sec. 21a-12f. Program for collection and disposal of unwanted pharmaceuticals. Public awareness campaign. Regulations. (a) The Department of Consumer Protection shall, in consultation with the Connecticut Pharmacists Association and the Connecticut Police Chiefs Association, develop and implement a program for the collection and disposal of unwanted pharmaceuticals. Such program shall provide for (1) a secure locked box that is accessible to the public on a twenty-four-hour daily basis for the anonymous drop-off of unwanted pharmaceuticals at each municipal police station, and (2) the transport of such pharmaceuticals to an appropriate facility for witnessed incineration.

(b) The Department of Consumer Protection shall, within available appropriations, organize a public awareness campaign to educate the public concerning the dangers of unsafe disposal of pharmaceuticals and of the availability of the pharmaceutical collection and disposal program at municipal police stations.

(c) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

(P.A. 14-217, S. 131.)

Sec. 21a-12g. Documents re safe storage of prescription drugs, cannabis and cannabis products. Publication. Not later than December 1, 2022, the Department of Consumer Protection shall develop documents concerning the safe storage by consumers of (1) prescription drugs, as defined in section 19a-754b, and (2) cannabis, as defined in section 21a-420, and cannabis products, as defined in section 21a-420. Such documents shall contain, but need not be limited to, information concerning best practices for (A) storing prescription drugs and cannabis and cannabis products in a manner that renders such items inaccessible to children, and (B) disposal of unused and expired prescription drugs and cannabis and cannabis products. Not later than December 15, 2022, the department shall publish such documents on its Internet web site.

(P.A. 22-81, S. 18.)

History: P.A. 22-81 effective July 1, 2022.