Section 2201.
§ 2201. Department; commissioner. There shall be a department of
consumer affairs, the head of which shall be the commissioner of
consumer affairs.
Section 2203.
§ 2203. Powers of the commissioner. (a) The commissioner shall plan,
make recommendations, conduct research and develop programs for consumer
education and protection, facilitate the exchange and dissemination of
information in consultation with agencies, federal and state officials,
commercial interests, private groups and others working in this field
and coordinate the consumer protection activities of other city
agencies.
(b) The commissioner shall enforce all laws in relation to weights and
measures.
(c) The commissioner shall have cognizance and control of the
granting, issuing, transferring, renewing, revoking, suspending and
cancelling of all licenses and permits, except in the cases with respect
to which and to the extent to which any of said powers are conferred on
other persons or agency by laws, and shall collect all fees for licenses
and permits the collection of which by some other person or agency is
not authorized by law.
(d) The commissioner shall enforce all laws relating to the
advertising and offering for sale and the sale of all commodities,
goods, wares and services; in addition he shall receive and evaluate
complaints and initiate his own investigations relating to these matters
and take appropriate action, including referral to a federal or state
agency.
(e) The commissioner shall have all powers as set forth in chapter 8
of title 20 of the administrative code relating to the receipt,
investigation, and resolution of complaints thereunder regarding earned
sick time.
(f) The commissioner, in the performance of said functions, including
those functions pursuant to subdivision e of this section, shall be
authorized to hold public and private hearings, administer oaths, take
testimony, serve subpoenas, receive evidence, and to receive,
administer, pay over and distribute monies collected in and as a result
of actions brought for violations of laws relating to deceptive or
unconscionable trade practices, or of related laws, and to promulgate,
amend and modify rules and regulations necessary to carry out the powers
and duties of the department.
(g) The commissioner shall exercise the powers of a commissioner of
public markets under the agriculture and markets law with respect to
open air markets.
(h) (1) Notwithstanding any inconsistent provision of law, the
department shall be authorized, upon due notice and hearing, to impose
civil penalties for the violation of any laws or rules the enforcement
of which is within the jurisdiction of the department pursuant to this
charter, the administrative code or any other general, special or local
law. The department shall have the power to render decisions and orders
and to impose civil penalties for all such violations, and to order
equitable relief for and payment of monetary damages in connection with
enforcement of chapter 8 of title 20 of the administrative code. Except
to the extent that dollar limits are otherwise specifically provided,
such civil penalties shall not exceed five hundred dollars for each
violation. All proceedings authorized pursuant to this subdivision shall
be conducted in accordance with rules promulgated by the commissioner.
The remedies and penalties provided for in this subdivision shall be in
addition to any other remedies or penalties provided for the enforcement
of such provisions under any other law including, but not limited to,
civil or criminal actions or proceedings.
(2) All such proceedings shall be commenced by the service of a notice
of violation. The commissioner shall prescribe the form and wording of
notices of violation. The notice of violation or copy thereof when
filled in and served shall constitute notice of the violation charged,
and, if sworn to or affirmed, shall be prima facie evidence of the facts
contained therein.
(3) For the purposes of this subdivision, no act or practice shall be
deemed a deceptive trade practice unless it has been declared a
deceptive trade practice and described with reasonable particularity in
a local law or in a rule or regulation promulgated by the commissioner.
(4) Notwithstanding any other inconsistent provision of law, powers
conferred upon the department by this subdivision may be exercised by
the office of administrative trials and hearings consistent with orders
of the mayor issued in accordance with subdivisions two and three of
section one thousand forty-eight of this charter.
Section 2204.
§ 2204. Consumers council. There shall be in the department a
consumers council which shall advise the commissioner on general goals
for the development of programs, undertake studies and reports, and
foster cooperation among city, state and federal agencies and private
groups. The council shall consist of the commissioner, ex officio, and
twelve members to be appointed by the mayor to serve for three years
except that of the twelve members first appointed, four shall be
appointed for a term of three years, four for a term of two years and
four for a term of one year. One of these twelve shall be appointed
chairman annually by the mayor. The members shall represent a cross
section of consumer interests. They shall serve without compensation but
shall be reimbursed for expenses necessarily incurred in the performance
of their duties.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.