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General Assembly Raised Bill No. 6596
January Session, 2021
LCO No. 4428
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING MA NAGER SALARIES AND O CCUPATIONAL
LICENSING REGULATION .
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) The Commissioner of Administrative 1
Services shall conduct a study of issues relating to the salaries of 2
managers employed by a state agency, as defined in section 1-79 of the 3
general statutes. Not later than February 1, 2022, the commissioner shall 4
submit a report, in accordance with the provisions of section 11-4a of the 5
general statutes, to the joint standing committees of the General 6
Assembly having cognizance of matters relating to labor and public 7
employees and appropriations and the budgets of state agencies. Such 8
report shall include any findings of such study. 9
Sec. 2. Subsection (a) of section 19a-14 of the general statutes is 10
repealed and the following is substituted in lieu thereof (Effective October 11
1, 2021): 12
(a) The Department of Public Health shall have the following powers 13
and duties with regard to the boards and commissions listed in 14
subsection (b) of this section which are within the Department of Public 15 Raised Bill No. 6596
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Health. The department shall: 16
(1) Control the allocation, disbursement and budgeting of funds 17
appropriated to the department for the operation of the boards and 18
commissions; 19
(2) Employ and assign such personnel as the commissioner deems 20
necessary for the performance of the functions of the boards and 21
commissions; 22
(3) Perform all management functions including purchasing, 23
bookkeeping, accounting, payroll, secretarial, clerical and routine 24
housekeeping functions; 25
(4) Adopt, with the advice and assistance of the appropriate board or 26
commission, and in accordance with chapter 54, any regulations which 27
are consistent with protecting the public health and safety and which 28
are necessary to implement the purposes of this chapter and chapters 29
368v, 369 to 375, inclusive, 378 to 381, inclusive, 383 to 388, inclusive, 398 30
and 399; 31
(5) Develop and perform all administrative functions necessary to 32
process applications for licenses and certificates; 33
(6) Determine the eligibility of all applicants for permits, licensure, 34
certification or registration, based upon compliance with the general 35
statutes and administrative regulations. The department may deny the 36
eligibility of an applicant for a permit or for licensure by examination, 37
endorsement, reciprocity or for reinstatement of a license voided 38
pursuant to subsection (f) of section 19a-88, voluntarily surrendered or, 39
by agreement, not renewed or reinstated pursuant to subsection (d) of 40
section 19a-17, as amended by this act, or may issue a license pursuant 41
to a consent order containing conditions that must be met by the 42
applicant if the department determines that the applicant: 43
(A) Has failed to comply with the general statutes and administrative 44
regulations governing the applicant's profession; 45 Raised Bill No. 6596
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(B) Except any applicant for licensure as an embalmer and funeral 46
director under chapter 385, a barber under chapter 386 or a hairdresser 47
and cosmetician under chapter 387, has been found guilty or convicted 48
as a result of an act which constitutes a felony under (i) the laws of this 49
state, (ii) federal law or (iii) the laws of another jurisdiction and which, 50
if committed within this state, would have constituted a felony under 51
the laws of this state; 52
(C) Is subject to a pending disciplinary action or unresolved 53
complaint before the duly authorized professional disciplinary agency 54
of any state, the District of Columbia, a United States possession or 55
territory, or a foreign jurisdiction; 56
(D) Has been subject to disciplinary action similar to an action 57
specified in subsection (a) of section 19a-17, as amended by this act, by 58
a duly authorized professional disciplinary agency of any state, the 59
District of Columbia, a United States possession or territory, or a foreign 60
jurisdiction; 61
(E) Has committed an act which, if the applicant were licensed, would 62
not conform to the accepted standards of practice of the profession, 63
including, but not limited to, incompetence, negligence, fraud or deceit; 64
illegal conduct; procuring or attempting to procure a license, certificate 65
or registration by fraud or deceit; or engaging in, aiding or abetting 66
unlicensed practice of a regulated profession, provided the 67
commissioner, or the commissioner's designee, gives notice and holds a 68
hearing, in accordance with the provisions of chapter 54, prior to 69
denying an application for a permit or a license based on this 70
subparagraph; or 71
(F) Has a condition which would interfere with the practice of the 72
applicant's profession, including, but not limited to, physical illness or 73
loss of skill or deterioration due to the aging process, emotional disorder 74
or mental illness, abuse or excessive use of drugs or alcohol, provided 75
the commissioner, or the commissioner's designee, gives notice and 76
holds a hearing in accordance with the provisions of chapter 54, prior to 77 Raised Bill No. 6596
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denying an application for a permit or a license based on this 78
subparagraph; 79
(7) Administer licensing examinations under the supervision of the 80
appropriate board or commission; 81
(8) Develop and perform all administrative functions necessary to 82
process complaints against persons licensed by the department; 83
(9) Consent to the approval or disapproval by the appropriate boards 84
or commissions of schools at which educational requirements shall be 85
met; 86
(10) Conduct any necessary review, inspection or investigation 87
regarding qualifications of applicants for licenses or certificates, 88
possible violations of statutes or regulations, and disciplinary matters. 89
In connection with any investigation, the Commissioner of Public 90
Health or the commissioner's authorized agent may administer oaths, 91
issue subpoenas, compel testimony and order the production of books, 92
records and documents. If any person refuses to appear, to testify or to 93
produce any book, record or document when so ordered, a judge of the 94
Superior Court may make such order as may be appropriate to aid in 95
the enforcement of this section; 96
(11) Conduct any necessary investigation and follow-up in 97
connection with complaints regarding persons subject to regulation or 98
licensing by the department. In connection with any such investigation, 99
the department may restrict, suspend or otherwise limit the license or 100
permit of any person subject to regulation or licensing by the 101
department pursuant to an interim consent order entered during the 102
pendency of such investigation; 103
(12) With respect to any complaint filed with the department on or 104
after October 1, 2010, alleging incompetence, negligence, fraud or deceit 105
by a person subject to regulation or licensing by any board or 106
commission described in subdivision (1) to (5), inclusive, (7), (8), (12) to 107
(14), inclusive, or (16) of subsection (b) of this section: 108 Raised Bill No. 6596
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(A) Upon request of the person who filed the complaint, provide such 109
person with information on the status of the complaint; 110
(B) Upon request of the person who filed the complaint, provide such 111
person with an opportunity to review, at the department, records 112
compiled as of the date of the request pursuant to any investigation of 113
the complaint, including, but not limited to, the respondent's written 114
response to the complaint, except that such person shall not be entitled 115
to copy such records and the department (i) shall not disclose (I) 116
information concerning a health care professional's referral to, 117
participation in or completion of an assistance program in accordance 118
with sections 19a-12a and 19a-12b, that is confidential pursuant to 119
section 19a-12a, (II) information not related to such person's specific 120
complaint, including, but not limited to, information concerning 121
patients other than such person, or (III) personnel or medical records 122
and similar files the disclosure of which would constitute an invasion of 123
personal privacy pursuant to section 1-210, except for such records or 124
similar files solely related to such person; (ii) shall not be required to 125
disclose any other information that is otherwise confidential pursuant 126
to federal law or state statute, except for information solely related to 127
such person; and (iii) may require up to ten business days written notice 128
prior to providing such opportunity for review; 129
(C) Prior to resolving the complaint with a consent order, provide the 130
person who filed the complaint with not less than ten business days to 131
submit a written statement as to whether such person objects to 132
resolving the complaint with a consent order; 133
(D) If a hearing is held with respect to such complaint after a finding 134
of probable cause, provide the person who filed the complaint with a 135
copy of the notice of hearing issued pursuant to section 4-177, which 136
shall include information concerning the opportunity to present oral or 137
written statements pursuant to subsection (b) of section 4-177c; and 138
(E) Notify the person who filed the complaint of the final disposition 139
of such complaint not later than seven business days after such final 140 Raised Bill No. 6596
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disposition; 141
(13) Perform any other function necessary to the effective operation 142
of a board or commission and not specifically vested by statute in the 143
board or commission; 144
(14) Contract with a third party, if the commissioner deems 145
necessary, to administer licensing examinations and perform all 146
attendant administrative functions in connection with such 147
examination; and 148
(15) With respect to any investigation of a person subject to 149
regulation, licensing or certification by the department and in any 150
disciplinary proceeding regarding such person, except as required by 151
federal law: 152
(A) Not be denied access to or use of copies of patient medical records 153
on the grounds that privilege or confidentiality applies to such records; 154
and 155
(B) Not further disclose patient medical records received pursuant to 156
the provisions of this subdivision or personnel records received during 157
the course of the investigation. Patient records received pursuant to this 158
subdivision or personnel records received during the course of the 159
investigation shall not be subject to disclosure under section 1-210. 160
Sec. 3. Subsection (a) of section 19a-17 of the general statutes is 161
repealed and the following is substituted in lieu thereof (Effective October 162
1, 2021): 163
(a) Each board or commission established under chapters 369 to 376, 164
inclusive, 378 to 381, inclusive, and 383 to 388, inclusive, and the 165
Department of Public Health with respect to professions under its 166
jurisdiction that have no board or commission may take any of the 167
following actions, singly or in combination, based on conduct that 168
occurred prior or subsequent to the issuance of a permit or a license 169
upon finding the existence of good cause: 170 Raised Bill No. 6596
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(1) Revoke a practitioner's license or permit; 171
(2) Suspend a practitioner's license or permit; 172
(3) Censure a practitioner or permittee; 173
(4) Issue a letter of reprimand to a practitioner or permittee; 174
(5) Restrict or otherwise limit practice to those areas prescribed by the 175
board, commission or department; 176
(6) Place a practitioner or permittee on probationary status and 177
require the practitioner or permittee to: 178
(A) Report regularly to such board, commission or department upon 179
the matters which are the basis of probation; 180
(B) Limit practice to those areas prescribed by such board, 181
commission or department; 182
(C) Continue or renew professional education until a satisfactory 183
degree of skill has been attained in those areas which are the basis for 184
the probation; 185
(7) Assess a civil penalty of up to twenty-five thousand dollars; 186
(8) In those cases involving persons or entities licensed or certified 187
pursuant to sections 20-341d, 20-435, 20-436, 20-437, 20-438, 20-475 and 188
20-476, require that restitution be made to an injured property owner; 189
or 190
(9) Summarily take any action specified in this subsection against a 191
practitioner's license or permit upon receipt of proof that such 192
practitioner has been: 193
(A) [Found] Except for a practitioner who is a social worker under 194
chapter 383b, a professional counselor under chapter 383c, an art 195
therapist under chapter 383g, a dietitian-nutritionist under chapter 196
384b, an embalmer or funeral director under chapter 385, a barber under 197 Raised Bill No. 6596
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chapter 386, a hairdresser, cosmetician, esthetician, eyelash technician 198
or nail technician under chapter 387, found guilty or convicted as a 199
result of an act which constitutes a felony under (i) the laws of this state, 200
(ii) federal law, or (iii) the laws of another jurisdiction and which, if 201
committed within this state, would have constituted a felony under the 202
laws of this state; or 203
(B) Subject to disciplinary action similar to that specified in this 204
subsection by a duly authorized professional agency of any state, the 205
federal government, the District of Columbia, a United States possession 206
or territory or a foreign jurisdiction. The applicable board or 207
commission, or the department shall promptly notify the practitioner or 208
permittee that his license or permit has been summarily acted upon 209
pursuant to this subsection and shall institute formal proceedings for 210
revocation within ninety days after such notification. 211
Sec. 4. Section 20-195p of the general statutes is repealed and the 212
following is substituted in lieu thereof (Effective October 1, 2021): 213
The commissioner may take any action set forth in section 19a-17, as 214
amended by this act, if the license holder fails to conform to the accepted 215
standards of the social work profession, including, but not limited to, 216
the following: Conviction of a felony that is reasonably related to the 217
license holder's ability to safely or competently perform the duties or 218
responsibilities associated with such license; fraud or deceit in obtaining 219
or seeking reinstatement of a license to practice clinical social work; 220
fraud or deceit in the practice of social work; negligent, incompetent or 221
wrongful conduct in professional activities; emotional disorder or 222
mental illness; physical illness, including, but not limited to, 223
deterioration through the aging process; abuse or excessive use of drugs, 224
including alcohol, narcotics or chemicals; wilful falsification of entries 225
in any hospital, patient or other record pertaining to social work; 226
violation of any provision of this chapter or any regulation adopted 227
hereunder. The Commissioner of Public Health may order a license 228
holder to submit to a reasonable physical or mental examination if his 229
physical or mental capacity to practice safely is the subject of an 230 Raised Bill No. 6596
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investigation. Said commissioner may petition the superior court for the 231
judicial district of Hartford to enforce such order or any action taken 232
pursuant to [said] section 19a-17, as amended by this act. Notice of any 233
contemplated action under [said] section 19a-17, as amended by this act, 234
of the cause therefor and the date of hearing thereon, shall be given and 235
an opportunity for hearing afforded as provided in the regulations 236
adopted by the commissioner. 237
Sec. 5. Section 20-195ee of the general statutes is repealed and the 238
following is substituted in lieu thereof (Effective October 1, 2021): 239
The Commissioner of Public Health may take any disciplinary action 240
set forth in section 19a-17, as amended by this act, against a professional 241
counselor or professional counselor associate for any of the following 242
reasons: (1) Failure to conform to the accepted standards of the 243
profession; (2) conviction of a felony that is reasonably related to the 244
license holder's ability to safely or competently practice professional 245
counseling; (3) fraud or deceit in obtaining or seeking reinstatement of 246
a license to practice professional counseling; (4) fraud or deceit in the 247
practice of professional counseling; (5) negligent, incompetent or 248
wrongful conduct in professional activities; (6) physical, mental or 249
emotional illness or disorder resulting in an inability to conform to the 250
accepted standards of the profession; (7) alcohol or substance abuse; (8) 251
wilful falsification of entries in any hospital, patient or other record 252
pertaining to professional counseling; or (9) violation of any provision 253
of sections 20-195aa to 20-195dd, inclusive, or any regulation adopted 254
pursuant to section 20-195ff. The commissioner may order a license 255
holder to submit to a reasonable physical or mental examination if his 256
physical or mental capacity to practice safely is the subject of an 257
investigation. The commissioner may petition the superior court for the 258
judicial district of Hartford to enforce such order or any action taken 259
pursuant to [said] section 19a-17, as amended by this act. The 260
commissioner shall give notice and an opportunity to be heard on any 261
contemplated action under [said] section 19a-17, as amended by this act. 262
Sec. 6. Section 20-195qqq of the general statutes is repealed and the 263 Raised Bill No. 6596
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following is substituted in lieu thereof (Effective October 1, 2021): 264
The Commissioner of Public Health may take any disciplinary action 265
set forth in section 19a-17, as amended by this act, against an art 266
therapist for any of the following reasons: (1) Failure to conform to the 267
accepted standards of the profession; (2) conviction of a felony that is 268
reasonably related to the license holder's ability to safely or competently 269
perform the duties or responsibilities associated with such license; (3) 270
fraud or deceit in obtaining or seeking reinstatement of a license to 271
practice art therapy; (4) fraud or deceit in the practice of art therapy; (5) 272
negligent, incompetent or wrongful conduct in professional activities; 273
(6) physical, mental or emotional illness or disorder resulting in an 274
inability to conform to the accepted standards of the profession; (7) 275
alcohol or substance abuse; or (8) wilful falsification of entries in any 276
hospital, patient or other record pertaining to art therapy. The 277
commissioner may order a license holder to submit to a reasonable 278
physical or mental examination if his or her physical or mental capacity 279
to practice safely is the subject of an investigation. The commissioner 280
may petition the superior court for the judicial district of Hartford to 281
enforce such order or any action taken pursuant to section 19a-17, as 282
amended by this act. The commissioner shall give notice and an 283
opportunity to be heard on any contemplated action under section 19a-284
17, as amended by this act. 285
Sec. 7. Section 20-206s of the general statutes is repealed and the 286
following is substituted in lieu thereof (Effective October 1, 2021): 287
The department may take any action set forth in section 19a-17, as 288
amended by this act, if the certificate holder fails to conform to the 289
accepted standards of the dietitian-nutritionist profession, including, 290
but not limited to, the following: Conviction of a felony that is 291
reasonably related to the certificate holder's ability to safely or 292
competently perform the duties or responsibilities associated with such 293
certificate; fraud or deceit in professional practice; illegal conduct; 294
negligent, incompetent or wrongful conduct in professional activities; 295
emotional disorder or mental illness; physical illness including, but not 296 Raised Bill No. 6596
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limited to, deterioration through the aging process; abuse or excessive 297
use of drugs, including alcohol, narcotics or chemicals; wilful 298
falsification of entries in any client or patient record; misrepresentation 299
or concealment of a material fact in the obtaining or reinstatement of a 300
dietitian-nutritionist certificate; or violation of any provision of sections 301
20-206m to 20-206t, inclusive. 302
Sec. 8. Subsection (i) of section 20-265b of the general statutes is 303
repealed and the following is substituted in lieu thereof (Effective October 304
1, 2021): 305
(i) The Commissioner of Public Health may take any disciplinary 306
action set forth in section 19a-17, as amended by this act, against an 307
esthetician for failure to conform to the accepted standards of the 308
profession, including, but not limited to: (1) Conviction of a felony that 309
is reasonably related to the license holder's ability to safely or 310
competently practice as an esthetician; (2) fraud or deceit in obtaining 311
or seeking reinstatement of a license to practice as an esthetician; (3) 312
fraud or deceit in the practice of an esthetician; (4) negligent, 313
incompetent or wrongful conduct in professional activities; (5) physical, 314
mental or emotional illness or disorder resulting in an inability to 315
conform to the accepted standards of the profession; or (6) abuse or 316
excessive use of drugs, including, alcohol, narcotics or chemicals. The 317
commissioner may order a license holder to submit to a reasonable 318
physical or mental examination if his or her physical or mental capacity 319
to practice safely is the subject of an investigation. The commissioner 320
may petition the superior court for the judicial district of Hartford to 321
enforce such order or any action taken pursuant to section 19a-17, as 322
amended by this act. The commissioner shall give notice and an 323
opportunity to be heard on any contemplated action under section 19a-324
17, as amended by this act. 325
Sec. 9. Subsection (i) of section 20-265c of the general statutes is 326
repealed and the following is substituted in lieu thereof (Effective October 327
1, 2021): 328 Raised Bill No. 6596
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(i) The Commissioner of Public Health may take any disciplinary 329
action set forth in section 19a-17, as amended by this act, against an 330
eyelash technician for failure to conform to the accepted standards of 331
the profession, including, but not limited to: (1) Conviction of a felony 332
that is reasonably related to the license holder's ability to safely or 333
competently practice as an eyelash technician; (2) fraud or deceit in 334
obtaining or seeking reinstatement of a license to practice as an eyelash 335
technician; (3) fraud or deceit in the practice of an eyelash technician; (4) 336
negligent, incompetent or wrongful conduct in professional activities; 337
(5) physical, mental or emotional illness or disorder resulting in an 338
inability to conform to the accepted standards of the profession; or (6) 339
abuse or excessive use of drugs, including, alcohol, narcotics or 340
chemicals. The commissioner may order a license holder to submit to a 341
reasonable physical or mental examination if his or her physical or 342
mental capacity to practice safely is the subject of an investigation. The 343
commissioner may petition the superior court for the judicial district of 344
Hartford to enforce such order or any action taken pursuant to section 345
19a-17, as amended by this act. The commissioner shall give notice and 346
an opportunity to be heard on any contemplated action under section 347
19a-17, as amended by this act. 348
Sec. 10. Subsection (i) of section 20-265d of the general statutes is 349
repealed and the following is substituted in lieu thereof (Effective October 350
1, 2021): 351
(i) The Commissioner of Public Health may take any disciplinary 352
action set forth in section 19a-17, as amended by this act, against a nail 353
technician for failure to conform to the accepted standards of the 354
profession, including, but not limited to: (1) Conviction of a felony that 355
is reasonably related to the license holder's ability to safely or 356
competently practice as a nail technician; (2) fraud or deceit in obtaining 357
or seeking reinstatement of a license to practice as a nail technician; (3) 358
fraud or deceit in the practice of a nail technician; (4) negligent, 359
incompetent or wrongful conduct in professional activities; (5) physical, 360
mental or emotional illness or disorder resulting in an inability to 361
conform to the accepted standards of the profession; or (6) abuse or 362 Raised Bill No. 6596
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excessive use of drugs, including, alcohol, narcotics or chemicals. The 363
commissioner may order a license holder to submit to a reasonable 364
physical or mental examination if his or her physical or mental capacity 365
to practice safely is the subject of an investigation. The commissioner 366
may petition the superior court for the judicial district of Hartford to 367
enforce such order or any action taken pursuant to section 19a-17, as 368
amended by this act. The commissioner shall give notice and an 369
opportunity to be heard on any contemplated action under section 19a-370
17, as amended by this act. 371
Sec. 11. Subsection (a) of section 20-281a of the general statutes is 372
repealed and the following is substituted in lieu thereof (Effective October 373
1, 2021): 374
(a) After notice and hearing pursuant to section 20-280c, the board 375
may revoke any certificate, license or permit issued under section 20-376
281c, 20-281d or 20-281e or the practice privilege of an individual who 377
qualifies under section 20-281n; suspend any such certificate, 378
registration, license, practice privilege or permit or refuse to renew any 379
such certificate, license or permit; reprimand, censure, or limit the scope 380
of practice of any licensee or individual that qualifies for the practice 381
privilege; impose a civil penalty not exceeding fifty thousand dollars 382
upon licensees, individuals who qualify for the practice privilege or 383
others violating provisions of section 20-281g or place any licensee or 384
individual that qualifies for the practice privilege on probation, all with 385
or without terms, conditions and limitations, for any one or more of the 386
following reasons: 387
(1) Fraud or deceit in obtaining a certificate, registration, license, 388
practice privilege or permit; 389
(2) Cancellation, revocation, suspension or refusal to renew authority 390
to engage in the practice of public accountancy in any other state for any 391
cause; 392
(3) Failure, on the part of a holder of a license or permit under section 393
20-281d or 20-281e, to maintain compliance with the requirements for 394 Raised Bill No. 6596
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issuance or renewal of such license or permit or to report changes to the 395
board under subsection (h) of section 20-281d or subsection (f) of section 396
20-281e; 397
(4) Revocation, limitation or suspension of the right to practice before 398
any state or federal agency or the Public Company Accounting 399
Oversight Board under the Sarbanes-Oxley Act of 2002, or any of the 400
following actions taken by any such state or federal agency or said board 401
against a licensee or individual who qualifies for the practice privilege: 402
(A) Suspension of or barring a licensee from serving as a corporate 403
officer or director, (B) requiring such individual or licensee to disgorge 404
funds, or (C) suspension or barring such individual or a licensee from 405
association with a public accounting firm; 406
(5) Dishonesty, fraud or negligence in the practice of public 407
accountancy or in the filing or failure to file his own income tax returns; 408
(6) Violation of any provision of sections 20-279b to 20-281m, 409
inclusive, or regulation adopted by the board under said sections; 410
(7) Violation of any rule of professional conduct adopted by the board 411
under subdivision (4) of subsection (g) of section 20-280; 412
(8) Conviction of a felony that is reasonably related to the licensee's 413
ability to safely or competently engage in the practice of accountancy, 414
or of any crime an element of which is dishonesty or fraud, under the 415
laws of the United States, of this state, or of any other state if the acts 416
involved would have constituted a crime under the laws of this state, 417
subject to the provisions of section 46a-80; 418
(9) Performance of any fraudulent act while holding a registration, 419
certificate, license, practice privilege or permit issued under sections 20-420
279b to 20-281m, inclusive, or prior law; 421
(10) Any conduct reflecting adversely upon the licensee's fitness to 422
engage in the practice of public accountancy; and 423
(11) Violation by anyone of any provision of section 20-281g. 424 Raised Bill No. 6596
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Sec. 12. Section 20-294 of the general statutes is repealed and the 425
following is substituted in lieu thereof (Effective October 1, 2021): 426
The Commissioner of Consumer Protection or the board may 427
suspend for a definite period, not to exceed one year, or revoke any 428
license or certificate of authority issued under this chapter, after notice 429
and hearing in accordance with the regulations adopted by the 430
Commissioner of Consumer Protection, or may officially censure any 431
person holding any such license or certificate of authority and may 432
assess a civil penalty of up to one thousand dollars per violation, (1) if it 433
is shown that the license or certificate was obtained through fraud or 434
misrepresentation, (2) if the holder of the license or certificate has been 435
found guilty by the board, the commissioner or by a court of competent 436
jurisdiction of any fraud or deceit in such holder's professional practice 437
or has been convicted of a felony that is reasonably related to the 438
holder's ability to safely or competently perform the duties or 439
responsibilities associated with such license or certificate, (3) if the 440
holder of the license or certificate has been found guilty by the board or 441
the commissioner of gross incompetency or of negligence in the 442
planning or construction of buildings, or (4) if it is shown to the 443
satisfaction of the board or the commissioner that the holder of the 444
license or certificate has violated any provision of this chapter or any 445
regulation adopted under this chapter. Any such suspension or 446
revocation of a license or certificate by the board shall be a proposed 447
final decision and submitted to the commissioner in accordance with the 448
provisions of subsection (b) of section 21a-7. The board or the 449
commissioner may reissue any such license or certificate which has been 450
revoked, and may modify the suspension of any such license or 451
certificate which has been suspended. 452
Sec. 13. Subsection (c) of section 20-334 of the general statutes is 453
repealed and the following is substituted in lieu thereof (Effective October 454
1, 2021): 455
(c) The Commissioner of Consumer Protection and each board 456
established under section 20-331 may suspend or revoke any license or 457 Raised Bill No. 6596
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certificate granted or issued by it under this chapter if the holder of such 458
license or certificate (1) is convicted of a felony that is reasonably related 459
to the holder's ability to safely or competently perform the duties or 460
responsibilities associated with such license or certificate, (2) is grossly 461
incompetent, (3) engages in malpractice or unethical conduct or 462
knowingly makes false, misleading or deceptive representations 463
regarding his or her work, or (4) violates the regulations adopted under 464
this chapter. Before any such license is suspended or revoked, such 465
holder shall be given notice and opportunity for hearing as provided in 466
regulations adopted by the Commissioner of Consumer Protection. Any 467
person whose license has been suspended or revoked may, after ninety 468
days, apply to the board to have such license reinstated. Any such 469
suspension or revocation of a license or certification by the board shall 470
be a proposed final decision and submitted to the commissioner in 471
accordance with the provisions of subsection (b) of section 21a-7. 472
Sec. 14. Subsection (b) of section 20-341gg of the general statutes is 473
repealed and the following is substituted in lieu thereof (Effective October 474
1, 2021): 475
(b) No person shall engage in or offer to perform the work of any 476
major contractor in this state on any proposed structure or existing 477
structure or addition that exceeds the threshold limits contained in 478
section 29-276b unless such person has first obtained a license or 479
certificate of registration as required under the provisions of chapter 539 480
or a registration from the Department of Consumer Protection in 481
accordance with the provisions of this section. Individuals licensed 482
under chapter 393 shall be exempt from the provisions of this chapter 483
while engaging in work that they are licensed to perform. The 484
department shall issue a certificate of registration to any person who is 485
prequalified pursuant to section 4a-100 who applies for registration in 486
accordance with this section. Such prequalified person shall not be 487
required to pay a fee for such registration at any time that the person 488
maintains valid prequalification. If the individual or the firm, company, 489
partnership or corporation employing such individual is engaged in 490
work on a structure or addition that exceeds the threshold limits 491 Raised Bill No. 6596
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contained in section 29-276b and requires licensure under chapter 393, 492
the firm, company, partnership or corporation shall be exempt from the 493
provisions of this chapter concerning registration of major contractors, 494
if the firm, company, partnership or corporation employs an individual 495
who is licensed as a contractor under chapter 393 to perform such work. 496
The department shall furnish to each qualified applicant a registration 497
certifying that the holder of such registration is entitled to engage in the 498
work for which the person has been issued a registration under this 499
subsection, and the holder of such registration shall carry it on his 500
person while engaging in such work. Such registration shall be shown 501
to any properly interested person upon request. No such registration 502
shall be transferred to or used by any person other than the person to 503
whom the registration was issued. The department shall maintain 504
rosters of registrants and shall update such rosters annually. The 505
department may provide copies of rosters to the public for an 506
appropriate fee. The department may suspend or revoke any 507
registration issued by the department if the holder of such registration 508
is convicted of a felony that is reasonably related to the holder's ability 509
to safely or competently perform work under such registration, is 510
grossly incompetent, is disqualified, pursuant to section 4a-100 or 511
whose prequalification certificate has been revoked pursuant to section 512
4a-100, engages in malpractice or unethical conduct or knowingly 513
makes false, misleading or deceptive representations regarding his 514
work or violates any regulation adopted under subsection (c) of this 515
section. Before any registration is suspended or revoked, such holder 516
shall be given notice and an opportunity for hearing as provided in 517
regulations adopted under subsection (c) of this section. The 518
Commissioner of Consumer Protection shall provide written notice of 519
any suspension or revocation of a registration to the Commissioner of 520
Administrative Services not later than ten days after such suspension or 521
revocation. 522
Sec. 15. Section 20-363 of the general statutes is repealed and the 523
following is substituted in lieu thereof (Effective October 1, 2021): 524
The commissioner may refuse to issue or renew or may suspend or 525 Raised Bill No. 6596
LCO No. 4428 18 of 26
revoke a license or take any of the actions set forth in section 19a-17, as 526
amended by this act, upon proof that the applicant or license holder (1) 527
has employed or knowingly cooperated in fraud or material deception 528
in order to obtain a license or has engaged in fraud or material deception 529
in the course of professional services or activities at any place; (2) has 530
been guilty of illegal, incompetent or negligent conduct in his or her 531
practice; (3) has violated any provision of this chapter or any regulation 532
adopted under this chapter; (4) has been found guilty or convicted as a 533
result of an act which constitutes a felony under (A) the laws of this 534
state, (B) federal law, or (C) the laws of another jurisdiction and which, 535
if committed within this state, would have constituted a felony under 536
the laws of this state, provided such felony is reasonably related to the 537
applicant's or holder's ability to safely or competently perform work 538
under such license; or (5) has been subject to disciplinary action similar 539
to that specified in section 19a-17, as amended by this act, by a duly 540
authorized professional disciplinary agency of any state, the District of 541
Columbia, a United States possession or territory, or a foreign 542
jurisdiction. The commissioner may petition the superior court for the 543
judicial district of Hartford to enforce any action taken pursuant to 544
section 19a-17, as amended by this act. Before the commissioner may 545
suspend, revoke or refuse to renew a license or take such other action, 546
the commissioner shall give the applicant or license holder notice and 547
opportunity for hearing as provided in the regulations adopted by the 548
commissioner. 549
Sec. 16. Section 20-442a of the general statutes is repealed and the 550
following is substituted in lieu thereof (Effective October 1, 2021): 551
The department may take any action set forth in section 19a-17, as 552
amended by this act, and subsection (f) of section 19a-88 against a 553
person or entity licensed or certified pursuant to chapter 400a for 554
reasons including, but not limited to, the following: (1) Conviction of a 555
felony that is reasonably related to the person's or entity's ability to 556
safely or competently perform professional activities under such license 557
or certificate; (2) fraud or deceit in the practice of such person's or 558
entity's profession; (3) negligent, incompetent or wrongful conduct in 559 Raised Bill No. 6596
LCO No. 4428 19 of 26
professional activities; (4) misrepresentation or concealment of a 560
material fact in the obtaining, reinstatement or renewal of a license or 561
certificate; or (5) violation of any provision of chapter 400a, or any 562
regulation adopted thereunder. The commissioner may petition the 563
superior court for the judicial district of Hartford to enforce such order 564
or any action taken pursuant to section 19a-17, as amended by this act. 565
Notice of any contemplated action under section 19a-17, as amended by 566
this act, the cause of action and the date of a hearing on the action shall 567
be given and an opportunity for hearing afforded in accordance with 568
the provisions of chapter 54. 569
Sec. 17. Section 20-481 of the general statutes is repealed and the 570
following is substituted in lieu thereof (Effective October 1, 2021): 571
The department may take any action set forth in section 19a-17, as 572
amended by this act, against a person or entity issued a license or 573
certificate pursuant to sections 20-474 to 20-482, inclusive, and 574
subsections (e) and (f) of section 19a-88 for reasons including, but not 575
limited to, the following: Conviction of a felony that is reasonably 576
related to the person's or entity's ability to safely or competently 577
perform professional activities under such license or certificate; fraud or 578
deceit in the practice of his profession; negligent, incompetent or 579
wrongful conduct in professional activities; misrepresentation or 580
concealment of a material fact in the obtaining, reinstatement or renewal 581
of a license; or violation of any provision of sections 20-474 to 20-482, 582
inclusive, and subsections (e) and (f) of section 19a-88 or any regulation 583
adopted thereunder. The commissioner may petition the superior court 584
for the judicial district of Hartford to enforce such order or any action 585
taken pursuant to [said] section 19a-17, as amended by this act. Notice 586
of any contemplated action under [said] section 19a-17, as amended by 587
this act, the cause of action and the date of a hearing on the action shall 588
be given and an opportunity for hearing afforded in accordance with 589
the provisions of chapter 54. 590
Sec. 18. Subsection (i) of section 20-540 of the general statutes is 591
repealed and the following is substituted in lieu thereof (Effective October 592 Raised Bill No. 6596
LCO No. 4428 20 of 26
1, 2021): 593
(i) The Department of Consumer Protection may suspend or revoke 594
a certificate granted or issued by it pursuant to this section if the holder 595
of such certificate is convicted of a felony that is reasonably related to 596
the holder's ability to safely or competently perform work under such 597
certificate, is grossly incompetent, engages in malpractice or unethical 598
conduct or knowingly makes false, misleading or deceptive 599
representations regarding his work. Prior to such suspension or 600
revocation, such holder shall be given notice and an opportunity for 601
hearing as provided in regulations adopted by the Commissioner of 602
Consumer Protection. Any person whose certificate has been suspended 603
may, after ninety days, apply to the department to have such certificate 604
reinstated. 605
Sec. 19. Subsection (a) of section 22a-66e of the general statutes is 606
repealed and the following is substituted in lieu thereof (Effective October 607
1, 2021): 608
(a) The grounds for denial, revocation or suspension of a registration 609
shall include, but not be limited to: 610
(1) Violation of any provision of this chapter, as amended, or any 611
regulation, permit, certificate, registration or order adopted, 612
administered or issued pursuant thereto; 613
(2) Inclusion of false or misleading information in an application or 614
failure to notify the commissioner of a change as required by section 615
22a-66c; 616
(3) Inclusion of false or misleading information in records required to 617
be maintained pursuant to section 22a-66g, the failure to maintain such 618
records, or the failure to provide the commissioner with the records 619
required by said section; 620
(4) Use of a pesticide in a manner inconsistent with the registered 621
labeling or with state or federal restrictions on the use of such pesticide; 622 Raised Bill No. 6596
LCO No. 4428 21 of 26
(5) Application of pesticides generally known in the trade to be 623
ineffective or improper for the intended use; 624
(6) Operation of faulty or unsafe equipment which may result in 625
improper application or harm to the environment, the applicator or 626
others from the pesticide; 627
(7) Application of a pesticide in a faulty, careless or negligent manner; 628
(8) Aiding or abetting a certified or uncertified person to evade the 629
provisions of this chapter, as amended, or any regulation, permit, 630
certificate, registration or order adopted, administered or issued 631
pursuant thereto; 632
(9) The making of a false or misleading statement during an 633
inspection or investigation concerning an infestation of pests, an 634
accident in applying a pesticide, misuse of a pesticide, or violation of a 635
statute, regulation, certificate, registration or order; 636
(10) The performance of work, whether or not for compensation, in a 637
category for which the applicator is not certified; and 638
(11) The conviction of the applicant or owner of a pesticide 639
application business of a felony, as defined in section 53a-25, that is 640
reasonably related to the applicant's or owner's ability to safely or 641
competently perform work under such registration. 642
Sec. 20. Subsection (c) of section 23-61i of the general statutes is 643
repealed and the following is substituted in lieu thereof (Effective October 644
1, 2021): 645
(c) The grounds for denial, revocation or suspension of a certificate of 646
registration shall include the following: 647
(1) Violation of any provision of this chapter or chapter 441 or any 648
regulation, permit, certificate, registration or order adopted, issued or 649
administered or issued pursuant to this chapter and chapter 441; 650 Raised Bill No. 6596
LCO No. 4428 22 of 26
(2) Inclusion of false or misleading information in an application or 651
the failure to notify the commissioner of a change, as required by section 652
23-61h; 653
(3) Inclusion of false or misleading information in records required to 654
be maintained pursuant to section 23-61k, or the failure to maintain such 655
records or provide the commissioner with the records required by 656
section 23-61k; 657
(4) Use of a pesticide in a manner inconsistent with the registered 658
labeling or with state or federal restrictions on the use of such pesticide; 659
(5) Application of pesticides generally known in the trade to be 660
ineffective or improper for the intended use; 661
(6) Operation of faulty or unsafe equipment which may result in 662
improper pesticide application or harm to the environment, a worker or 663
other persons; 664
(7) Application of a pesticide or performance of arboriculture in a 665
faulty, careless or negligent manner; 666
(8) Aiding or abetting a licensed or unlicensed person to evade the 667
provisions of this chapter or chapter 441 or any regulation, permit, 668
certificate, registration or order adopted, issued or administered 669
pursuant to this chapter and chapter 441; 670
(9) The making of a false or misleading statement during an 671
inspection or investigation concerning an infestation of pests, an 672
accident in applying a pesticide, misuse of a pesticide, or violation of a 673
statute, regulation, certificate, registration or order; 674
(10) The performance of arboriculture which does not meet generally 675
accepted industry standards; 676
(11) The performance of work, whether or not for compensation, in a 677
category for which the arborist is not certified; and 678 Raised Bill No. 6596
LCO No. 4428 23 of 26
(12) The conviction of the applicant of a felony, as defined in section 679
53a-25, that is reasonably related to the applicant's ability to safely or 680
competently perform work under such certification. 681
Sec. 21. Section 29-158 of the general statutes is repealed and the 682
following is substituted in lieu thereof (Effective October 1, 2021): 683
Any license or registration issued under the provisions of sections 29-684
153 to 29-161, inclusive, may be suspended or revoked by the 685
commissioner, after giving notice and an opportunity to be heard to the 686
licensee or registrant when the commissioner finds that the licensee or 687
registrant has: (1) Violated any of the terms or provisions of sections 29-688
153 to 29-161, inclusive, or any of the regulations adopted thereunder; 689
(2) practiced fraud, deceit or misrepresentation in dealing with the 690
clients of the licensee or registrant; (3) made a material misstatement in 691
the application for issuance of such license or registration, or, in the case 692
of a licensee, in the application for renewal of such license; (4) 693
demonstrated incompetence or untrustworthiness in the conduct of the 694
business; or (5) been convicted of a felony or other crime involving 695
moral turpitude, that is reasonably related to the licensee's or 696
registrant's ability to safely or competently perform work under such 697
license or registration. If the licensee or registrant has been convicted 698
under section 53a-61 or 53a-62, the commissioner shall consider the facts 699
and circumstances surrounding such conviction prior to suspending or 700
revoking the license or registration. Any party aggrieved by an order of 701
the commissioner under the provisions of this section may appeal 702
therefrom in accordance with the provisions of section 4-183, except the 703
venue for such appeal shall be the judicial district of New Britain. 704
Sec. 22. Section 29-161v of the general statutes is repealed and the 705
following is substituted in lieu thereof (Effective October 1, 2021): 706
Any license for a security service or security officer or approval as a 707
security officer instructor may be suspended or revoked by the 708
Commissioner of Emergency Services and Public Protection, provided 709
notice shall have been given to the licensee or instructor to appear before 710 Raised Bill No. 6596
LCO No. 4428 24 of 26
the commissioner to show cause why the license or approval should not 711
be suspended or revoked, upon a finding by the commissioner that: (1) 712
The licensee has violated any of the terms or provisions of sections 29-713
161g to 29-161x, inclusive, or in the case of an instructor, section 29-161q, 714
or any of the regulations adopted pursuant to section 29-161x; (2) the 715
licensee or instructor has practiced fraud, deceit or misrepresentation; 716
(3) the licensee or instructor has made a material misstatement in the 717
application for issuance or renewal of the license or approval; (4) the 718
licensee or instructor has demonstrated incompetence or 719
untrustworthiness in the conduct of the business; or (5) the licensee or 720
instructor has been convicted of a felony that is reasonably related to the 721
licensee's or instructor's ability to safely or competently perform work 722
under such license approval or [other] a crime affecting the licensee's or 723
instructor's honesty, integrity or moral fitness. Any party aggrieved by 724
an order of the commissioner under this section may appeal therefrom 725
in accordance with the provisions of section 4-183, except the venue for 726
such appeal shall be the judicial district of New Britain. 727
Sec. 23. Subsection (a) of section 30-47 of the general statutes is 728
repealed and the following is substituted in lieu thereof (Effective October 729
1, 2021): 730
(a) The Department of Consumer Protection may, in its discretion, 731
suspend, revoke or refuse to grant or renew a permit for the sale of 732
alcoholic liquor if it has reasonable cause to believe: (1) That the 733
applicant or permittee appears to be financially irresponsible or neglects 734
to provide for his family, or neglects or is unable to pay his just debts; 735
(2) that the applicant or permittee has been provided with funds by any 736
wholesaler or manufacturer or has any forbidden connection with any 737
other class of permittee as provided in this chapter; (3) that the applicant 738
or permittee is in the habit of using alcoholic beverages to excess; (4) that 739
the applicant or permittee has wilfully made any false statement to the 740
department in a material matter; (5) that the applicant or permittee has 741
been convicted of violating any of the liquor laws of this or any other 742
state or the liquor laws of the United States or has been convicted of a 743
felony, as such term is defined in section 53a-25, that is reasonably 744 Raised Bill No. 6596
LCO No. 4428 25 of 26
related to the holder's ability to safely or competently perform the duties 745
associated with such permit, or has such a criminal record that the 746
department reasonably believes he is not a suitable person to hold a 747
permit, provided no refusal shall be rendered under this subdivision 748
except in accordance with the provisions of sections 46a-80 and 46a-81; 749
(6) that the applicant or permittee has not been delegated full authority 750
and control of the permit premises and of the conduct of all business on 751
such premises; or (7) that the applicant or permittee has violated any 752
provision of this chapter or any regulation adopted under this chapter. 753
Any backer shall be subject to the same disqualifications as provided in 754
this section in the case of an applicant for a permit or a permittee. 755
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 October 1, 2021 19a-14(a)
Sec. 3 October 1, 2021 19a-17(a)
Sec. 4 October 1, 2021 20-195p
Sec. 5 October 1, 2021 20-195ee
Sec. 6 October 1, 2021 20-195qqq
Sec. 7 October 1, 2021 20-206s
Sec. 8 October 1, 2021 20-265b(i)
Sec. 9 October 1, 2021 20-265c(i)
Sec. 10 October 1, 2021 20-265d(i)
Sec. 11 October 1, 2021 20-281a(a)
Sec. 12 October 1, 2021 20-294
Sec. 13 October 1, 2021 20-334(c)
Sec. 14 October 1, 2021 20-341gg(b)
Sec. 15 October 1, 2021 20-363
Sec. 16 October 1, 2021 20-442a
Sec. 17 October 1, 2021 20-481
Sec. 18 October 1, 2021 20-540(i)
Sec. 19 October 1, 2021 22a-66e(a)
Sec. 20 October 1, 2021 23-61i(c)
Sec. 21 October 1, 2021 29-158
Sec. 22 October 1, 2021 29-161v
Sec. 23 October 1, 2021 30-47(a)
Raised Bill No. 6596
LCO No. 4428 26 of 26
Statement of Purpose:
To require a study of manager salaries and to require that the refusal,
suspension or revocation of certain licenses, registrations or certificates
required for certain occupations not be automatic based on conviction
of a felony, but only felonies reasonably related to the holder's ability to
perform work safely and competently.
[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.]