Sec. 21a-7. (Formerly Sec. 19-171f). Powers and duties of boards and commissions within Department of Consumer Protection.
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. 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.
(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.)
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.
Subsec. (7):
Cited. 204 C. 156. Cited. 209 C. 719.