CHAPTER 416

DEPARTMENT OF CONSUMER PROTECTION

Table of Contents

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.

Sec. 21a-7. (Formerly Sec. 19-171f). Powers and duties of boards and commissions within Department of Consumer Protection.

Sec. 21a-8. (Formerly Sec. 19-171g). Department's and commissioner's powers and duties re boards and commissions.

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.

Sec. 21a-11. (Formerly Sec. 19-171). Powers and duties of commissioner.

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.


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-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.

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.

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 chapter 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.)

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.

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-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 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.)