Sec. 21a-11. (Formerly Sec. 19-171). Powers and duties of commissioner.
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. Late fee for late renewal of license, permit, certificate or registration. Reinstatement of lapsed license, permit, certificate or registration. (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 late fee on any applicant who fails to renew a license, permit, certificate or registration on or before the expiration date of such license, permit, certificate or registration. The amount of the late fee 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) If the Department of Consumer Protection does not receive a completed license, permit, certificate or registration renewal application from an applicant on or before the expiration date of such license, permit, certificate or registration but the applicant submits a completed renewal application to the department not later than ninety days after such expiration date, the applicant shall pay any late fee imposed by the commissioner under subsection (c) of this section but shall not be required to apply for reinstatement under subsection (e) of this section.
(e) When a license, permit, certificate or registration has lapsed for a period longer than ninety days after its expiration date or the length of time specified in any other provision of the general statutes allowing for its reinstatement, an applicant may apply to the Department of Consumer Protection to reinstate such lapsed license, permit, certificate or registration. Upon receipt of such completed reinstatement application and payment of the corresponding application fee, the department may, in the department's discretion and if such application is made not later than three years after such expiration date or specified time, reinstate such lapsed license, permit, certificate or registration without examination. The applicant, prior to reinstatement by the department, shall attest that the applicant has not worked in the applicable occupation or profession in this state while such license, permit, certificate or registration was lapsed, pay the current year's renewal fee for reinstatement and take any continuing education required for the year preceding such reinstatement and the year of such reinstatement. If the applicant worked in the applicable occupation or profession in this state while such license, permit, certificate or registration was lapsed, the applicant shall pay all license and late fees due and owing for the period in which such license, permit, certificate or registration was lapsed and demonstrate to the department that the applicant has completed all continuing education required for the year preceding reinstatement. If a license, permit, certificate or registration has lapsed for longer than three years after the license, permit, certificate or registration expiration date or the length of time specified in any other provision of the general statutes allowing for reinstatement, whichever is longer, the applicant shall apply for a new license, permit, certificate or registration under this subsection. No person who had a license, permit, certificate or registration that lapsed during the three years immediately preceding the date of an application made pursuant to this subsection may seek a new license, permit, certificate or registration of the same type under the same name.
(f) Unless expressly provided otherwise by law, application fees for a license, permit, certificate 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; P.A. 23-99, S. 20.)
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; P.A. 23-99 amended Subsec. (c) by substituting “late fee” for “fine”, substantially amended Subsec. (d) including by establishing 90-day period for untimely submission of license, permit, certificate or registration renewal application, substantially amended Subsec. (e) including by substantially modifying requirements to reinstate lapsed license, permit, certificate or registration, and made technical and conforming changes in Subsecs. (c) to (f), effective June 29, 2023.
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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 final 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 final decision to the Commissioner of Consumer Protection. Not later than thirty calendar days after receipt of any such proposed final 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 final decision, the commissioner shall approve, modify or reject the proposed final decision or remand the proposed final 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; P.A. 23-22, S. 9, 10.)
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; P.A. 23-22 amended Subsecs. (a)(1) and (b) by changing references from “proposed decision” to “proposed final decision”.
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Sec. 21a-11. (Formerly Sec. 19-171). Powers and duties of commissioner. (a)(1) 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 the commissioner is empowered to carry out the duties and responsibilities assigned to the commissioner or the Department of Consumer Protection. For the purpose of inquiring into any suspected violation of such provisions, the commissioner and the commissioner's 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 the commissioner's 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 the commissioner's authority to render a final decision in a contested case to a hearing officer employed by, or contracted with, the department.
(2) Notwithstanding the provisions of the Freedom of Information Act, as defined in section 1-200, all records, papers and documents obtained during an investigation or enforcement action conducted pursuant to subdivision (1) of this subsection shall be confidential and not subject to disclosure under said act until such investigation or enforcement action has been finally adjudicated or otherwise settled or closed.
(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; P.A. 23-99, S. 21.)
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; P.A. 23-99 amended Subsec. (a) by designating existing provisions as Subdiv. (1) and making technical changes therein and adding Subdiv. (2) re confidentiality and nondisclosure of records, papers and documents during investigation or enforcement action, effective June 29, 2023.
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