553 - Powers and duties of the board and the executive director.
§ 553. Powers and duties of the board and the executive director. 1. The board shall have the power and duty to: a. prepare quarterly a report to the governor, the speaker of the assembly and the temporary president of the senate of the category and number of complaints received by the board during the previous quarter in sufficient detail to assist the recipients in determining the need for additional laws for the protection of the consumer. Additionally, all such complaints received by the board shall be maintained on a category by category basis; a-1. implement the provisions of articles twelve and seventeen of the energy law; b. coordinate the activities of all state agencies performing consumer protection functions; and c. prepare each year a report to the governor and to the legislature of its activities. d. Implement other powers and duties by regulation and otherwise as prescribed by any provision of law. 2. The executive director shall have the power and duty to: a. receive complaints of consumers and refer them to the appropriate federal, state or local agency authorized by law for appropriate action on such complaints; b. advise and make recommendations to the governor on matters affecting the consumers of the state and promote and encourage the protection of the legitimate interests of consumers within the state; c. on behalf of the board, initiate, intervene in, or participate in any proceedings before the public service commission, to the extent authorized by sections twenty-four-a, seventy-one, eighty-four or ninety-six of the public service law or any other applicable provision of law, where he deems such initiation, intervention or participation to be necessary or appropriate; and d. on behalf of the board and in conjunction with the office of airline consumer advocate, initiate, investigate, attempt to resolve and, if necessary, refer to the attorney general any matters or complaints received pursuant to article fourteen-A of the general business law as provided in such article. f. on behalf of the board, establish a process by which victims of identity theft will receive assistance and information to resolve complaints. To implement the process the board shall have the authority to: (i) promulgate rules and regulations to administer the identity theft prevention and mitigation program; and (ii) act as a liaison between the victim and any state agency, public authority, or any municipal department or agency, the division of state police, and county or municipal police departments, and any non-governmental entity, including but not limited to, consumer credit reporting agencies, to facilitate the victim obtaining such assistance and data as will enable the program to carry out its duties to help consumers resolve the problems that have resulted from the identity theft. Trade secrets and proprietary business information contained in the documents or records that may be received by the board shall be exempt from disclosure to the extent allowed by article six of the public officers law. 3. The executive director when so directed by the board shall have the power and duty to: a. conduct investigations, research, studies and analyses of matters affecting the interests of consumers;b. cooperate with and assist the attorney general in the carrying out of his legal enforcement responsibilities for the protection of consumers; c. cooperate with and assist consumers in class actions in proper cases; d. represent the interests of consumers of the state before federal, state and local administrative and regulatory agencies; e. study the operation of consumer protection laws and recommend to the governor new laws and amendments of laws for consumer protection; f. conduct product research and testing and, where appropriate, contract with private agencies and firms for the performance of such services; g. initiate and encourage consumer education programs; h. cooperate with and assist local governments in the development of consumer protection activities; i. establish advisory councils to assist in policy formulation on specific consumer problems; and j. undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion and sale of consumer goods and services. k. create an internet website or webpage pursuant to section three hundred ninety-c of the general business law.