SENATE BILL NO. 407
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 88, TITLE 29, DELAWARE CODE, RELATING TO CONSUMER AFFAIRS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §8823, Title 29, Delaware Code by redesignating said
section as subsection "(a)" and by inserting the following at the end of said subsection:
"(b) The objective of the programs and functions of Consumer Affairs is to protect the general public against consumersfraud and deceptive trade practices through enforcement of state statutes, consumer education, consumer advocacy and coordinated inter and intra governmental cooperation.
(c) The programs and functions of Consumer Affairs, shall be performed by the Director of Consumer Affairs, or his or her duly authorized designee, with the approval of the Secretary. The powers, duties and functions of the Director, or his or her designee, shall include the authority:
(1) To issue cease and desist orders against any person, firm,
business, corporation, proprietorship, partnership or otherwise when there has been any violation of §§2513 or 2532, Title 6, and Chapter 51 through 61 and Chapter 70, Title 25, and §1311(2) and (3), Title 11 by vendors for the purpose of selling goods or services, or sections 914 or 915, Title 11. This paragraph shall not limit any powers of the Attorney General. Cease and desist orders shall:
Be in writing and shall state what alleged violations have occurred or are about to occur which are the basis for the issuance of such orders;
Be served upon the violator and a copy shall be filed in the office of the Prothonotary of the county where the violator's main place of business in this State is located or in the office of the Prothonotary of the county where the violation occurred, or both;
Not be issued by the Director of Consumer Affairs in cases where the Attorney General has filed a complaint seeking injunctive action, in cases where the Attorney General has signed a cease and desist agreement which has not been violated, or in cases where an injunction has been issued; and
Upon receipt by the violator, result In the immediate
cessation by the violator of any activity which has been ordered ceased. Any person or agent or employee of any corporation,
partnership or other business who conducts any activity which he has been ordered to cease shall be considered to be in contempt of the Consumer Affairs Board and shall be proceeded against in accordance with §8824 of this Title.
(2) To receive and forward to appropriate agencies of the State, for final processing and determination, complaints from any citizen relating to consumer affairs;
(3) To advise the Governor and the Attorney General as to all matters affecting the interests of the public as consumers;
(4) To review and make recommendations regarding state policies and programs of primary importance to consumers or the unmet consumer needs which can be met appropriately through state action;
(5) To review and make recommendations regarding state policies, programs and operations wherein the view of consumers should be made
available to state officials and the manner in which such views can be communicated to appropriate departments and agencies;
To recommend the enactment of such legislation as it deems necessary to protect and promote the interest of the public as consumers;
To cooperate with and provide assistance to federal, state and local governmental agencies and activities relating to consumer affairs;
To appear before federal, state and local governmental departments, agencies and commissions to represent and be heard on behalf of consumer interests;
To cooperate with and establish necessary liaison with consumer organizations;
To promulgate such rules and regulations as may be given by law under this section;
To perform all the necessary administrative and clerical functions of the Consumer Affairs Board;
To promulgate rules and regulations interpreting an unlawful practice or deceptive trade practice as those terms are used in §§2513 and 2531, Title 6, in accordance with the Administrative Procedures Act.
To do such other acts as may be necessary and proper to exercise of the powers, duties and function conferred by this Chapter;
(d) The Attorney General shall represent the Director of Consumer
Affairs in all administrative and judicial proceedings."
Approved July 6, 1992.