Sec. 21a-8. (Formerly Sec. 19-171g). Department's and commissioner's powers and duties re boards and commissions.
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:
(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 and not specifically vested by statute in 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
monthly a list of all complaints received within the previous month 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. Notice
of such dismissal shall be given only after approval by the chairperson of the appropriate
board or commission. The commissioner may authorize a settlement if the settlement
is approved by the complainant, the practitioner, and the board or commission. 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. All dispositions and final
decisions by the Department of Consumer Protection after an investigation into a complaint has begun shall be forwarded to the chairperson of the appropriate board or commission on a monthly basis.
(9) The department may contract with a third party, if the commissioner deems it
necessary and if the appropriate board or commission consents, 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) The Commissioner 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:
(1) 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.
(2) 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 established 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.
(3) 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 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. The commissioner may discontinue, suspend or rescind any action taken under this subdivision.
(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.)
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.
Cited. 224 C. 29, 38.
Subsec. (4):
Cited. 204 C. 156.
Subsec. (6):
Cited. 204 C. 156.
Subsec. (8):
Cited. 204 C. 156.