General Assembly Raised Bill No. 188
February Session, 2010 LCO No. 1036
*01036_______GL_*
Referred to Committee on General Law
Introduced by:
(GL )
General Assembly
Raised Bill No. 188
February Session, 2010
LCO No. 1036
*01036_______GL_*
Referred to Committee on General Law
Introduced by:
(GL )
AN ACT ESTABLISHING UNIFORM PROCEDURES REGARDING NEW HOME CONSTRUCTION CONTRACTOR AND HOME IMPROVEMENT CONTRACTOR AND SALESMAN RELATED COMPLAINTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective January 1, 2011) (a) For purposes of this section: (1) "Commissioner" means the Commissioner of Consumer Protection or the commissioner's duly authorized representative, and (2) "department" means the Department of Consumer Protection.
(b) Any person may file a written complaint with the department concerning the work or practices of a person: (1) Registered as a new home construction contractor pursuant to chapter 399a of the general statutes, (2) registered as a home improvement contractor or salesman pursuant to chapter 400 of the general statutes, or (3) who is not registered pursuant to said chapters but has performed work or acted in a manner that requires registration with the department pursuant to said chapters.
(c) Not later than thirty days after receipt of a complaint made pursuant to subsection (b) of this section, the commissioner shall mail or electronically send a copy of such complaint to the person against whom the complaint was made. Such person may respond in writing to the commissioner not later than sixty days after receipt of such copy.
(d) The commissioner shall screen each complaint made pursuant to subsection (b) of this section and dismiss any complaint in which the allegation, if substantiated, would not constitute a violation of any statute or regulation of this state. Such dismissed complaints shall not be posted on the department's Internet web site or otherwise made available to the public, except as required pursuant to chapter 14 of the general statutes.
(e) The commissioner shall enter all complaints that are not dismissed into a database maintained by the department. Such database shall contain: (1) The name of the person who is the subject of the complaint, (2) the date of the complaint, (3) whether such person is registered or not registered pursuant to chapter 399a or 400 of the general statutes, (4) a brief description of the complaint, (5) whether such person has filed a response to such complaint pursuant to subsection (b) of this section, (6) a brief description of such response, if applicable, including whether such person disagrees with or disputes the complaint, (7) the department's disposition of such complaint, including whether it has been dismissed pursuant to subsection (d) of this section, has been substantiated by the commissioner, lacks probable cause of a violation of a statute or regulation of this state or lacks further actionable substance that could lead to any penalty imposed on such person by the commissioner, (8) whether the complaint has been referred to the Attorney General or any other law enforcement authority for further disposition, and (9) whether the complaint has been resolved by the complainant and such person, if such information is known to the commissioner.
(f) The commissioner shall investigate each complaint in which the allegation, if substantiated, would constitute a violation of a statute or regulation under the jurisdiction of the department. In conducting an investigation, the commissioner may seek the assistance of persons from outside state service who are registered to perform the work authorized pursuant to chapter 399a or 400 of the general statutes.
(g) The commissioner shall dismiss a complaint following an investigation if the commissioner determines that such complaint is not or cannot be substantiated, lacks probable cause of a violation of a statute or regulation of this state, or lacks further actionable substance that could lead to any penalty imposed on the contractor by the commissioner. The commissioner shall remove a dismissed complaint from the department's database not later than thirty days after the date of dismissal. A complaint shall be removed from the department's database one year after it was filed with the department if the complaint has not been investigated by the commissioner. Any other outstanding complaint shall be removed from the department's database three years after it was filed with the department, unless the complaint is being actively investigated by the commissioner, prosecuted by municipal, state or federal law enforcement authorities or litigated by the department or the Attorney General.
(h) The department shall make its complaint database available to the public on the department's web site and, subject to the provisions of this section, respond to public inquiries regarding persons against whom complaints have been filed pursuant to subsection (b) of this section.
(i) A complainant or person against whom a complaint has been filed pursuant to subsection (b) of this section may request the commissioner to amend any information contained in the department's complaint database that is made available to the public. The commissioner may change or amend any such information in the commissioner's sole discretion.
This act shall take effect as follows and shall amend the following sections:
Section 1 January 1, 2011 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
January 1, 2011
New section
Statement of Purpose:
To establish uniform Department of Consumer Protection new home construction contractor and home improvement contractor and salesman related complaint procedures.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]