Sec. 14-63. Regulations. Customer complaints. Stipulation by licensees.
Sec. 14-63. Regulations. Customer complaints. Stipulation by licensees. (a)
The commissioner may make, alter or repeal regulations governing the administration
of all statutes relating to the license and business of dealers and repairers in accordance
with the provisions of chapter 54. Each such regulation shall become effective ten days
after a copy thereof has been mailed to all licensees affected thereby.
(b) The Commissioner of Motor Vehicles shall adopt regulations, in accordance
with the provisions of chapter 54, establishing (1) a procedure whereby customers of
dealers and repairers may file complaints with the Department of Motor Vehicles concerning the operations of and services provided by any such licensees, and (2) a procedure specifying the circumstances under which a licensee may stipulate to a complaint
and waive such licensee's right to an administrative hearing. Such regulations shall
provide for the commissioner to contact each licensee that is the subject of a complaint in
order to notify such licensee of the complaint and to relate to such licensee the particular
matters alleged by the complainant. The commissioner shall attempt to mediate a voluntary resolution of the complaint acceptable to the complainant and the licensee. Such
regulations shall also provide that, if an acceptable resolution to the complaint is not
achieved, the commissioner shall complete the commissioner's investigation of the facts
and shall, if the commissioner has reason to believe that the licensee has violated any
provision of section 14-64, proceed to take any action authorized under the provisions
of section 14-64. If, after such an investigation, the commissioner elects not to take
action against the licensee, the commissioner shall notify both the complainant and the
licensee in writing. Such notice shall include a brief statement of the reasons why the
commissioner has taken no action. The commissioner shall also inform the complainant
and the licensee that an unresolved complaint exists and that, unless the commissioner
has determined that the allegations, even if true, fail to state a violation of applicable
statutory or regulatory standards, the same shall be recorded in the records of the department pertaining to such licensee until such time as the licensee submits to the commissioner satisfactory evidence, signed by the complainant or the complainant's attorney,
that the claim has been resolved by agreement with the complainant or submits to the
department satisfactory evidence of final adjudication in favor of such licensee. An
agreement between the licensee and the complainant shall not preclude the commissioner from proceeding to take action if the commissioner has reason to believe that the
licensee has violated any provision of section 14-64. A decision by the commissioner
not to take action against the licensee shall be without prejudice to the claim of the
customer; and neither the fact that the department has determined not to proceed nor
the notice furnished to the parties, in accordance with this subsection, shall be admissible
in any civil action.
(1949 Rev., S. 2403; P.A. 79-114; P.A. 86-114; P.A. 02-70, S. 28; P.A. 03-278, S. 41.)
History: P.A. 79-114 prohibited regulations requiring place of business to have more than two bays; P.A. 86-114 added
Subsec. (b) re adoption of regulations establishing complaint procedure and specifying circumstances under which licensee
may stipulate to complaint and waive hearing; P.A. 02-70 amended Subsec. (a) to authorize commissioner to make, alter
or repeal regulations in accordance with chapter 54, deleting reference to "after notice and hearing, provided such regulations
shall not require the place of business of a repairer to have more than two bays", and amended Subsec. (b) to make a
technical change for purposes of gender neutrality, to require regulations to provide for commissioner to contact each
licensee that is the subject of a complaint to notify licensee of the complaint, to require commissioner to attempt to mediate
voluntary resolution of the complaint and to specify procedures, in regulations, in the event the complaint is unresolved;
P.A. 03-278 made technical changes in Subsec. (b), effective July 9, 2003.
See chapter 54 re uniform administrative procedure.
Subsec. (b):
An insurance company obligated to pay for repair of motor vehicle is a "customer" and may file complaint with
Department of Motor Vehicles against a motor vehicle repair shop. 285 C. 794.