Conn. Gen. Stat. § 42-110d
§ 42-110d. Investigation. Hearing. Orders. Enforcement. Disclosure of information.
(a)
For the purposes of this chapter the commissioner shall have the power to order an investigation and
examination to be made. In addition to other powers conferred upon the commissioner by this chapter, the
commissioner or his authorized representatives may issue subpoenas to any person involved in any matter under
investigation and examination, administer an oath or affirmation to any person, and conduct hearings in aid of
any investigation or examination, provided none of the powers conferred by this chapter shall be used for the
purpose of compelling any natural person to furnish testimony or evidence which might tend to incriminate him
or subject him to a penalty or forfeiture.
(b)
Said commissioner or his authorized representatives shall have the right to (1) enter any place or
establishment within the state, at reasonable times, for the purpose of making an investigation; (2) check the
invoices and records pertaining to costs and other transactions of commodities; (3) take samples of
commodities for evidence upon tendering the market price therefor to the person having such commodity in his
custody; (4) subpoena documentary material relating to such investigation; and (5) have access to, for the
purpose of examination, documentary material and the right to copy such documentary material of any person
being investigated or proceeded against. The commissioner or his authorized representatives shall have power
to require by subpoena the attendance and testimony of witnesses and the production of all such documentary
material relating to any matter under investigation.
(c)
In addition to other powers conferred upon the commissioner, said commissioner may execute in writing and
cause to be served by certified mail an investigative demand upon any person suspected of using, having used
or about to use any method, act or practice declared by section 42-110b to be unlawful or upon any person from
whom said commissioner wants assurance that section 42-110b has not, is not or will not be violated. Such
investigative demand shall contain a description of the method, act or practice under investigation, provide a
reasonable time for compliance, and require such person to furnish under oath or otherwise, as may be
specified in said demand, a report in writing setting forth relevant facts or circumstances together with
documentary material.
(d)
Said commissioner, in conformance with sections 4-176e to 4-185, inclusive, whenever he has reason to
believe that any person has been engaged or is engaged in an alleged violation of any provision of this
chapter, shall mail to such person, by certified mail, a complaint stating the charges and containing a notice
of a hearing, to be held upon a day and at a place therein fixed at least fifteen days after the date of such
complaint. The person so notified shall have the right to file a written answer to the complaint and charges
therein stated and appear at the time and place so fixed for such hearing, in person or otherwise, with or
without counsel, and submit testimony and be fully heard. Any person may make application, and upon good cause
shown shall be allowed by the commissioner to intervene and appear in such proceeding by counsel or in person.
The testimony in any such proceeding, including the testimony of any intervening person, shall be under oath
and shall be reduced to writing by the recording officer of the hearing and filed in the office of the
commissioner. The commissioner or his authorized representatives shall have the power to require by subpoena
the attendance and testimony of witnesses and the production of any documentary material at such proceeding.
If upon such hearing the commissioner is of the opinion that the method of competition or the act or practice
in question is prohibited by this chapter, the commissioner shall make a report in writing to the person
complained of in which he shall state his findings as to the facts and shall forward by certified mail to such
person an order to cease and desist from using such methods of competition or such act or practice, or, if the
amount involved is less than five thousand dollars, an order directing restitution, or both. The commissioner
may apply for the enforcement of any cease and desist order, order directing restitution or consent order
issued under this chapter to the superior court for the judicial district of Hartford, or to any judge thereof
if the same is not in session, for orders temporarily and permanently restraining and enjoining any person
from continuing violations of such cease and desist order, order directing restitution or consent order. Such
application for a temporary restraining order, temporary and permanent injunction, order directing restitution
and for such other appropriate decree or process shall be brought and the proceedings thereon conducted by the
Attorney General.
(e)
In addition to any injunction issued pursuant to subsection (d) of this section, the court may make such
additional orders or judgments as may be necessary to restore to any person in interest any moneys or
property, real or personal, which may have been acquired by means of any practices prohibited by this chapter,
including the appointment of a receiver or the revocation of a license or certificate authorizing the person
subject to the order or injunction to engage in business in this state, or both.
(f)
The commissioner or the Attorney General or their employees shall disclose, in accordance with the
provisions of the Freedom of Information Act, as defined in section 1-200, all records concerning the
investigation of any alleged violation of any provision of this chapter, including, but not limited to, any
complaint initiating an investigation and all records of the disposition or settlement of a complaint. For
purposes of this section, "disposition" shall include the following action or nonaction with respect to any
complaints or investigations: (A) No action taken because of (i) a lack of jurisdiction; (ii) unsubstantiated
allegations or (iii) a lack of sufficient information to draw a conclusion, as determined by the commissioner,
after investigation; (B) referral to another state agency, or to a federal or local agency, or to law
enforcement authorities; (C) an acceptance of an assurance of voluntary compliance in accordance with the
provisions of section 42-110j; and (D) formal action taken, including the institution of administrative
proceedings pursuant to subsection (d) of this section or court proceedings pursuant to section 42-110m,
42-110o or 42-110p. The commissioner may withhold such records from disclosure during the pendency of an
investigation or examination held in accordance with subsection (a) of this section, but in no event shall the
commissioner withhold any such records longer than a period of eighteen months after the date on which the
initial complaint was filed with the commissioner or after the date on which the investigation or examination
was commenced, whichever is earlier. Nothing herein shall be deemed to affect the rights of litigants,
including parties to administrative proceedings, under the laws of discovery of this state.