§ 2517. | § 2517. | § 2518. | § 2519.
§ 2517. Consumer affairs [Effective until Jan. 1, 2009]
(a) There are established within the Department of Justice the programs and functions of consumer protection involving all of the power, duties and functions heretofore performed by the Division of Consumer Affairs of the Department of Administrative Services.
(b) The objective of the programs and functions of consumer affairs is to protect the general public against consumer fraud 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 Consumer Protection Division of the Department of Justice. The Attorney General may appoint a Deputy Attorney General to be designated as the Director of the Consumer Protection Division and who will be charged with the furtherance of the programs and functions thereof. In addition to the powers, duties and authorities enumerated in § 2504 of this title and otherwise provided to the Attorney General by law, the Attorney General, through the Director of the Consumer Protection Division or someone similarly designated, shall have the authority and responsibility:
(1) To issue cease and desist orders against any person, firm, business, corporation, proprietorship or other entity in order to enforce § 2513 of Title 6, § 2532 of Title 6, Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, and Chapter 70 of Title 25, § 914, § 915 of Title 11, § 915A of Title 11 and all other laws or regulations in which the Division of Consumer Affairs is charged with the enforcement thereof. Such orders may seek and recover, on behalf of the State, moneys or property wrongfully obtained as a result of the alleged violations, penalties and/or fines against the violators, those remedies as provided by § 2533 of Title 6 for violations of § 2532 of that title, reasonable attorneys' fees and investigative costs, to prohibit persons found to have violated the above state statutes from engaging in a specified trade or occupation, and such other relief, remedies or penalties otherwise provided by law appropriate to prevent violators from being unjustly enriched as a result of engaging in the prohibited activities. Any such recovery pursuant to the above, whether by final judgment, settlement or otherwise, shall be deposited in the Consumer Protection Fund as established under § 2527 of Title 6. A cease and desist order shall:
a. Be in writing and shall state what alleged violation(s) have occurred or are about to occur which are the basis for the issuance of such an order;
b. Be served upon the violator(s) 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(s) occurred, or both;
c. Upon receipt by the violator(s), result in the immediate cessation by the violator(s) of any activity which has been ordered ceased. Any person, agent or employee of any corporation, partnership or other business who continues to conduct any activity which the person has been ordered to cease shall be considered to be in contempt of the Consumer Affairs Board and may be proceeded against in accordance with § 2518 of this title;
(2) To bring an action or actions, in state courts of competent jurisdiction, against any person, firm, business, corporation, proprietorship or other entity in order to enforce § 2513 of Title 6, § 2532 of Title 6, § 2562 of Title 6, Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, § 1311(2) of Title 11, § 1311(3) of Title 11, § 914 of Title 11, § 915 of Title 11, § 915A of Title 11, as well as all laws or regulations in which the Division of Consumer Affairs is charged with enforcement thereof. In such actions, the Department of Justice may seek and recover, on behalf of the State, moneys or property wrongfully obtained as a result of the alleged violations, penalties and/or fines against violators, remedies as provided by § 2533 of Title 6 for violations of § 2532 of that title, penalties as provided by § 2563 of Title 6, reasonable attorneys' fees and investigative costs, to prohibit persons found to have violated the above state statutes from engaging in a specified trade or occupation, such other relief, remedies or penalties otherwise provided by law, or seek such relief appropriate to prevent violators from being unjustly enriched as a result of engaging in the prohibited activities. Any such recovery as a result of enforcement under the above-listed state statutes, whether by final judgment, settlement or otherwise, shall be deposited in the Consumer Protection Fund as established under § 2527 of Title 6;
(3) To receive and forward to appropriate agencies of the State, for final processing and determination, complaints from any citizen relating to consumer issues which are not otherwise appropriately handled by or within the jurisdiction of the Department of Justice;
(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;
(6) To recommend the enactment of such legislation as it deems necessary to protect and promote the interest of the public as consumers;
(7) To cooperate with and provide assistance to federal, state and local governmental agencies and activities relating to consumer affairs/protection;
(8) To appear before federal, state and local governmental departments, agencies and commissions, to represent and be heard on behalf of consumer interests;
(9) To cooperate with and establish necessary liaison with both local and national consumer organizations; and
(10) To do such other acts as may be necessary and proper to the exercise of the powers, duties and functions conferred by this chapter.
(d) The Attorney General shall represent the Director of Consumer Protection in all administrative and judicial proceedings.
(e) The provisions of this section shall be liberally construed in order to effectively carry out the purposes of this section in the interests of consumer protection. (68 Del. Laws, c. 149, § 10; 68 Del. Laws, c. 314, § 1; 69 Del. Laws, c. 203, §§ 1-5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 138, § 6; 74 Del. Laws, c. 151, § 2.)
§ 2517. Consumer affairs [Effective Jan. 1, 2009]
(a) There are established within the Department of Justice the programs and functions of consumer protection involving all of the power, duties and functions heretofore performed by the Division of Consumer Affairs of the Department of Administrative Services.
(b) The objective of the programs and functions of consumer affairs is to protect the general public against consumer fraud 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 Consumer Protection Division of the Department of Justice. The Attorney General may appoint a Deputy Attorney General to be designated as the Director of the Consumer Protection Division and who will be charged with the furtherance of the programs and functions thereof. In addition to the powers, duties and authorities enumerated in § 2504 of this title and otherwise provided to the Attorney General by law, the Attorney General, through the Director of the Consumer Protection Division or someone similarly designated, shall have the authority and responsibility:
(1) To issue cease and desist orders against any person, firm, business, corporation, proprietorship or other entity in order to enforce § 2513 of Title 6, § 2532 of Title 6, Chapter 24B of Title 6, Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, and Chapter 70 of Title 25, § 914, § 915 of Title 11, § 915A of Title 11 and all other laws or regulations in which the Division of Consumer Affairs is charged with the enforcement thereof. Such orders may seek and recover, on behalf of the State, moneys or property wrongfully obtained as a result of the alleged violations, penalties and/or fines against the violators, those remedies as provided by § 2533 of Title 6 for violations of § 2532 of that title, reasonable attorneys' fees and investigative costs, to prohibit persons found to have violated the above state statutes from engaging in a specified trade or occupation, and such other relief, remedies or penalties otherwise provided by law appropriate to prevent violators from being unjustly enriched as a result of engaging in the prohibited activities. Any such recovery pursuant to the above, whether by final judgment, settlement or otherwise, shall be deposited in the Consumer Protection Fund as established under § 2527 of Title 6. A cease and desist order shall:
a. Be in writing and shall state what alleged violation(s) have occurred or are about to occur which are the basis for the issuance of such an order;
b. Be served upon the violator(s) 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(s) occurred, or both;
c. Upon receipt by the violator(s), result in the immediate cessation by the violator(s) of any activity which has been ordered ceased. Any person, agent or employee of any corporation, partnership or other business who continues to conduct any activity which the person has been ordered to cease shall be considered to be in contempt of the Consumer Affairs Board and may be proceeded against in accordance with § 2518 of this title;
(2) To bring an action or actions, in state courts of competent jurisdiction, against any person, firm, business, corporation, proprietorship or other entity in order to enforce § 2513 of Title 6, § 2532 of Title 6, § 2562 of Title 6, Chapter 24B of Title 6, Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, § 1311(2) of Title 11, § 1311(3) of Title 11, § 914 of Title 11, § 915 of Title 11, § 915A of Title 11, as well as all laws or regulations in which the Division of Consumer Affairs is charged with enforcement thereof. In such actions, the Department of Justice may seek and recover, on behalf of the State, moneys or property wrongfully obtained as a result of the alleged violations, penalties and/or fines against violators, remedies as provided by § 2533 of Title 6 for violations of § 2532 of that title, penalties as provided by § 2563 of Title 6, reasonable attorneys' fees and investigative costs, to prohibit persons found to have violated the above state statutes from engaging in a specified trade or occupation, such other relief, remedies or penalties otherwise provided by law, or seek such relief appropriate to prevent violators from being unjustly enriched as a result of engaging in the prohibited activities. Any such recovery as a result of enforcement under the above-listed state statutes, whether by final judgment, settlement or otherwise, shall be deposited in the Consumer Protection Fund as established under § 2527 of Title 6;
(3) To receive and forward to appropriate agencies of the State, for final processing and determination, complaints from any citizen relating to consumer issues which are not otherwise appropriately handled by or within the jurisdiction of the Department of Justice;
(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;
(6) To recommend the enactment of such legislation as it deems necessary to protect and promote the interest of the public as consumers;
(7) To cooperate with and provide assistance to federal, state and local governmental agencies and activities relating to consumer affairs/protection;
(8) To appear before federal, state and local governmental departments, agencies and commissions, to represent and be heard on behalf of consumer interests;
(9) To cooperate with and establish necessary liaison with both local and national consumer organizations; and
(10) To do such other acts as may be necessary and proper to the exercise of the powers, duties and functions conferred by this chapter.
(d) The Attorney General shall represent the Director of Consumer Protection in all administrative and judicial proceedings.
(e) The provisions of this section shall be liberally construed in order to effectively carry out the purposes of this section in the interests of consumer protection. (68 Del. Laws, c. 149, § 10; 68 Del. Laws, c. 314, § 1; 69 Del. Laws, c. 203, §§ 1-5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 138, § 6; 74 Del. Laws, c. 151, § 2; 76 Del. Laws, c. 419, § 2.)
§ 2518. Consumer Protection Board.
(a) There is established a Consumer Protection Board to consist of 3 members to be appointed by the Governor with the advice and consent of the Senate:
(1) One member of the Board shall be an attorney.
(2) The terms of the members shall be staggered. The first appointee shall serve for a term of 2 years, the second appointee shall serve for a term of 3 years and the third appointee shall serve for a term of 4 years. Thereafter, all new appointees shall serve for a term of 4 years.
(3) The Governor shall designate the Chairperson from among the members of the Board who shall serve as Chairperson at the pleasure of the Governor.
(4) The Chairperson of the Board shall be paid $150 per meeting and the members of the Board shall be paid $100 per meeting. In no event shall the total payments exceed the appropriations provided.
(5) At least 1 member of the Board shall be affiliated with 1 of the major political parties, and at least 1 member shall be affiliated with the other major political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Board.
(6) Any appointment, pursuant to this subsection, to replace a member whose position becomes vacant prior to the expiration of the term shall be filled only for the remainder of that term.
(7) The Governor, upon due notice and hearing, may remove any member of the Board from office for cause.
(b) The Board shall hold whatever meetings or hearings are necessary to accomplish its business and shall have the following powers, duties and functions:
(1) The Board shall hear appeals from any cease and desist order of the Director of Consumer Protection. The Board shall review the order of the Director and it may uphold, alter, amend or vacate such order. Any party to the action may appeal such decision to the Superior Court, but such appeal shall be on the record of the Director's written order, any transcript or record before the Board and the final order of the Board.
a. Such appeal must be made within 30 days of notification of the Board's decision.
b. The Superior Court is vested with jurisdiction to hear and determine all appeals from the Consumer Protection Board and may, by proper rules, prescribe the procedure to be followed in such appeals. Every such appeal shall be determined by the Court without the aid of a jury.
c. The Director of Consumer Protection shall have the same right of appeal from any decision of the Consumer Protection Board as any other party to the action.
(2) The Board may issue subpoenas and administer oaths in any proceeding and in all other cases where it is necessary in the exercise of its powers, duties and functions. It may examine persons as witnesses, take evidence, require the production of documents and do all other things conformable to law which are necessary to enable it effectively to discharge its powers, duties and functions. Such oaths may be administered and such subpoenas issued by any member of the Board.
a. Any person against whom action has been brought, or who is appealing any action of the Division, shall be entitled to be represented by counsel and to have the Board issue subpoenas for any persons or documents deemed necessary by that person to properly present a case. The cost of such subpoenas and their service shall be paid by the person so requesting them.
b. Any subpoena, process or order of the Board, or any notice or paper requiring service, may be served by a sheriff, deputy sheriff, constable or any employee of the Division and return thereof made to the Board. Process servers shall receive the same fees as are provided by law for like service in civil actions, except that if service is made by an employee of the Division, the employee shall not receive any fee, but shall be paid actual expenses.
(3) If any person, in proceedings before the Board, disobeys or resists any lawful order or process; or misbehaves during a hearing or so near the place thereof as to obstruct the hearing; or neglects to produce, after having been ordered to do so, any pertinent document; or refuses to appear after having been subpoenaed; or, upon appearing, refuses to take the oath as a witness; or, after having taken the oath, refuses to be examined according to law, the Board shall certify the facts under the hand of its Chairperson to any Judge of the Superior Court, who shall thereupon hear the evidence as to the acts complained of. If the evidence so warrants, the Judge shall punish such person in the same manner and to the same extent as for a contempt committed before the Superior Court, or shall commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process of, or in the presence of, the Superior Court.
(4) The Board in its hearings shall not be bound by the strict rules of evidence but shall take whatever evidence is necessary to justly and properly decide the matter before it.
(5) The Board may promulgate such regulations and rules as it deems necessary to carry out the purposes of this section or any other powers, duties or functions given to it by law. (29 Del. C. 1953, § 8613; 57 Del. Laws, c. 583, § 1; 57 Del. Laws, c. 679, § 7B; 65 Del. Laws, c. 87, § 177; 68 Del. Laws, c. 149, § 9; 69 Del. Laws, c. 291, § 98(c); 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 138, § 25.)
§ 2519. Consumer protection advisory councils.
(a) Council on Consumer Protection. --
(1) The Council on Consumer Protection is established and shall serve in an advisory capacity to the Director of Consumer Protection and shall consider matters relating to the protection and guidance of consumers and businesses and such other matters as may be referred to it by the Governor, Secretary of the Department or the Director of Consumer Protection. The Council may also study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.
(2) The Council on Consumer Protection shall be composed of 7 members, appointed by the Governor. The terms of the members shall be staggered. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years and the next 3 shall serve for a term of 3 years. Thereafter, all new appointees shall serve for a term of 3 years.
(3) At least 3, but no more than 4, members of the Council shall be affiliated with 1 of the major political parties, and at least 2, but no more than 3, members shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Council.
(4) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(5) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.
(6) Any appointment pursuant to this subsection to replace a member whose position becomes vacant prior to the expiration of a term shall be filled only for the remainder of that term.
(7) The Council shall meet a minimum of 3 times during a calendar year. Any advisory recommendation to the Director from the Council shall within 30 days from receipt of the advisory recommendation be considered and/or discussed by the Director and must be reflected either in memoranda or in the business minutes of the Division.
(b) Council on Manufactured Housing. --
(1) The Council on Manufactured Housing shall advise the Division on matters relating to mobile home owners and tenants, manufactured housing and mobile home parks. The Council may consider matters referred to it by the Division, and may, on its own motion, consider any issue or matter within its field of expertise. The Council shall report directly and exclusively to the Division. All funding for the Council shall be determined by the Division.
(2) The Council on Manufactured Housing shall be composed of 14 members, 12 of whom shall be appointed by the Governor: Six members representing the manufactured housing industry; and 6 members representing persons who live in mobile home parks, both those who own the mobile homes in which they reside and those who do not own the mobile homes in which they reside (at least 1 from each county). In the event a member ceases to be an owner or employee of a mobile home park, or a resident of a mobile home park, such person's membership shall cease upon the occurrence of such event. In addition to the 12 voting members appointed by the Governor, a representative of the Division appointed by the Director, and a representative of the Department of Justice, appointed by the Attorney General, shall serve as nonvoting ex officio members.
(3) Each member shall serve for a term for 2 years, and may successively serve for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member shall successively serve for only 1 additional full term. Any person appointed to fill a vacancy on the Council shall hold office for the remainder of the unexpired term of the former member.
(4) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council. A Chairperson of the Council shall be chosen by members of the Council from among its members, shall serve in that capacity for a term of 1 year, and shall be eligible for reelection. (29 Del. C. 1953, § 8614; 57 Del. Laws, c. 583, § 1; 64 Del. Laws, c. 2, § 4; 65 Del. Laws, c. 445, §§ 1-4; 68 Del. Laws, c. 149, § 9; 69 Del. Laws, c. 291, § 98(c); 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 138, § 25.)
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