CHAPTER 416
DEPARTMENT OF CONSUMER PROTECTION

      Sec. 21a-1. (Formerly Sec. 19-170a). Department and Commissioner of Consumer Protection. Department to be successor agency to Department of Public Safety and Division of Special Revenue re certain functions. (a) There shall be a Department of Consumer Protection which shall be under the direction and supervision of a Commissioner of Consumer Protection, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive.

      (b) The Department of Consumer Protection shall constitute a successor agency, in accordance with the provisions of sections 4-38d and 4-39, to the Department of Public Safety with respect to all functions, powers and duties of the Department of Public Safety under chapter 532. Where any order or regulation of said departments conflict, the Commissioner of Consumer Protection may implement policies and procedures consistent with the provisions of chapter 532 while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.

      (c) The Department of Consumer Protection shall constitute a successor agency to the Division of Special Revenue in accordance with the provisions of sections 4-38d and 4-39. Where any order or regulation of said division and department conflict, the Commissioner of Consumer Protection may implement policies and procedures consistent with chapters 98, 226, 438a, 529, 545, 557 and 946, while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal within twenty days of implementation. Any such policy or procedure shall be valid until the time final regulations are effective.

      (1959, P.A. 412, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 11-51, S. 173.)

      History: Sec. 19-170a transferred to Sec. 21a-1 in 1983; 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Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp.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. 11-51 designated existing provisions as Subsec. (a) and added Subsecs. (b) and (c) re successor agency to Department of Public Safety re certain functions, powers and duties and successor agency to Division of Special Revenue, effective July 1, 2011.

      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-7. (Formerly Sec. 19-171f). Powers and duties of boards and commissions within Department of Consumer Protection. Each board or commission transferred to 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, independently of the Commissioner of Consumer Protection. The final decision of a board or commission shall be subject to judicial review as provided in section 4-183.

      (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 deems necessary or at the request of a majority of the board or commission members. 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 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 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. 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 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 thirty days after the date of submission for such application or completed renewal application, as applicable.

      (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.)

      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.

      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-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-12e. (Note: This section is effective October 1, 2013.) 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.