47-18-5002 - Powers and duties.
47-18-5002. Powers and duties.
The division of consumer affairs has the power to employ such personnel as may be approved by the commissioners of commerce and insurance and finance and administration, and shall:
(1) Enforce the provisions of part 1 of this chapter and this section throughout the state of Tennessee;
(2) Employ within budgetary limitations the necessary professional, investigative, and clerical staff needed to effectuate the provisions of part 1 of this chapter and this section;
(3) Promulgate reasonable procedural rules and regulations needed to carry out the provisions of part 1 of this chapter and this section. These rules shall be adopted in accordance with the provisions of the Uniform Administrative Procedure Act, compiled in title 4, chapter 5. Prior to the promulgation of any rule or regulation having the force or effect of law, such rule or regulation must be submitted to the commerce, labor and agricultural committee of the senate and to the commerce committee of the house for their concurrence. Any rule or regulation which is not acted upon by such committees within thirty (30) days after notice of the filing thereof is given to the chairs of the committees shall become effective notwithstanding subsequent action by the committees;
(4) Conduct investigations and research, hold public hearings, or conduct and publish studies relating to the distribution or furnishing of goods or services to or for the use of consumers when the division or the attorney general and reporter has reason to believe that there are or have been persistent or consistent violations of part 1 of this chapter and this section; provided, that the provisions of § 47-18-106 shall not be applicable to this subdivision;
(5) Serve as the central coordinating agency and clearinghouse for receiving complaints by Tennessee consumers of illegal, fraudulent, deceptive or dangerous practices;
(6) Report annually to the general assembly on the activities of the division. The report shall include, but not be limited to, a statement of the investigatory and enforcement procedures and policies of the division, as well as a statement of the number of complaints filed and of investigations or enforcement proceedings instituted and of their disposition. The report shall not identify any person who has not been otherwise publicly identified in enforcement proceedings unless such person consents to identification. The report may include recommendations for proposed legislation designed to remedy specific unfair or deceptive acts or practices;
(7) Lend assistance to any district attorney general who elects to criminally prosecute any person for any criminal act or practice directed against the consuming public; and
(8) Promote consumer education and inform the public of policies, decisions, and legislation affecting consumers.
[Acts 1973, ch. 83, § 2; 1977, ch. 438, § 5; T.C.A., §§ 43-115, 43-1-203.]