AN ACT REQUIRING THE REGISTRATION OF PRIVATE SOLID WASTE COLLECTORS.

This bill requires solid waste collectors, other than state or municipal entities or quasi-public agencies to obtain a certificate of registration from the Department of Consumer Protection (DCP). The commissioner may revoke, suspend, or refuse any certificate, place a registrant on probation, or issue a letter of reprimand after notice and hearing if the certificate-holder has:

1. failed to comply with the bill's provisions;

2. obtained the certificate through fraud or misrepresentation;

3. engaged in conduct likely to mislead, deceive, or defraud;

4. engaged in misleading or untruthful advertising;

5. engaged in an unfair or deceptive business practice; or

6. failed to maintain a certificate of good standing from the secretary of the state, if applicable.

The bill authorizes DCP to impose a civil penalty for engaging in work without a certificate, engaging in work after the expiration of a certificate, or violating the bill's other provisions relating to the certificate. A violation is an unfair trade practice.

The bill also limits contracts for refuse removal or disposal to one year unless the recipient of the services signs or initials a clear and conspicuous written statement. This limitation does not apply to (1) contracts in which the auto-renewal period is less than one year and can be cancelled without penalty or (2) written contracts other than those for refuse removal.

To obtain a certificate, an applicant must provide a written application including the (1) name, business address, and business phone number; (2) insurer's identity; (3) identity of the workers' compensation coverage insurer, if applicable; (4) agent for service of process's name and identity, if applicable; and (5) a $ 250 application fee.

Certificates are not assignable or transferable. The annual renewal fee is $ 250. They may not be restored unless renewed within a year of expiration. Failure to receive notice of expiration does not exempt a registrant from renewal obligations.

After notice and hearing, DCP may impose a civil penalty on individuals engaging in work without a certificate, engaging in work after the expiration of a certificate, or violating the bill's other provisions relating to the certificate. The penalty may not exceed (1) $ 500 for a first violation, (2) $ 750 for a second violation within three years, (3) $ 1,500 for a third or subsequent violation within three years of prior violations. These penalties must be deposited in the consumer protection enforcement account.

The law prohibits businesses from engaging in unfair and deceptive acts or practices. CUTPA allows the DCP commissioner to issue regulations defining what constitutes an unfair trade practice, investigate complaints, issue cease and desist orders, order restitution in cases involving less than $ 5,000, enter into consent agreements, ask the attorney general to seek injunctive relief, and accept voluntary statements of compliance. The act also allows individuals to sue. Courts may issue restraining orders; award actual and punitive damages, costs, and reasonable attorneys fees; and impose civil penalties of up to $ 5,000 for willful violations and $ 25,000 for violation of a restraining order.

The statutorily established account is funded with (1) revenue generated from imposing fines for licensing law violations and (2) up to $ 400,000 per year from the Home Improvement Guaranty Fund. DCP must use the account “to fund positions and other related expenses” to enforce the licensing and registration laws it administers (CGS § 21a-8a).

Yea

Nay

(03/10/2009)