Connecticut General Statutes/Title 21a/Chapter 416/Section 21a-11

CGS § 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.

Short History

(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.)

Long History

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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