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Delaware Laws | Title 29 State Government
CHAPTER 25. STATE DEPARTMENT OF JUSTICE
Subchapter I. General Powers

(29 Del. C. 1953, Sec. 2516; 59 Del. Laws, c. 177, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 74 Del. Laws, c. 366, Sec. 1.) (9585)

State Government State Offices Created by Constitution (9586)

Subchapter II. Consumer Protection (9587)(Text)

Sec. 2517. Division of Consumer Protection. (9588)(Text)

(a) There is established within the Department of Justice a Division of Consumer Protection. (9589)

(b) The Division of Consumer Protection shall protect the public against consumer fraud and deceptive trade practices through enforcement of statutes, consumer education, consumer advocacy, and coordinated governmental action. (9590)

(c) The Attorney General may appoint a Deputy Attorney General to be designated as the Director of Consumer Protection, who will be charged with the furtherance of the programs and functions thereof. (9591)

(d) The term "Director" as used in this chapter refers to the Director of the Division of Consumer Protection and includes any designee. (9592)

(68 Del. Laws, c. 149, Sec. 10; 68 Del. Laws, c. 314, Sec. 1; 69 Del. Laws, c. 203, Sec.Sec. 1-5; 70 Del. Laws, c. 186, Sec. 1; 71 Del. Laws, c. 138, Sec. 6; 74 Del. Laws, c. 151, Sec. 2; 76 Del. Laws, c. 419, Sec. 2; 77 Del. Laws, c. 282, Sec. 1.) (9593)

Sec. 2518. Consumer Protection Board. (9594)(Text)

Repealed by 77 Del. Laws, c. 106, Sec. 4, effective July 6, 2009. (9595)

Sec. 2519. Consumer protection advisory councils. (9596)(Text)

Council on Manufactured Housing. -- (9597)

(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. (9598)

(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. (9599)

(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. (9600)

(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. (9601)

(29 Del. C. 1953, Sec. 8614; 57 Del. Laws, c. 583, Sec. 1; 64 Del. Laws, c. 2, Sec. 4; 65 Del. Laws, c. 445, Sec.Sec. 1-4; 68 Del. Laws, c. 149, Sec. 9; 69 Del. Laws, c. 291, Sec. 98(c); 70 Del. Laws, c. 186, Sec. 1; 71 Del. Laws, c. 138, Sec. 25; 77 Del. Laws, c. 106, Sec. 5.) (9602)

Sec. 2520. Enforcement authority. (9603)(Text)

(a) Among other powers, the Director shall have the authority to: (9604)

(1) Investigate matters that may reveal violations of Chapter 25 of Title 6 or other unlawful conduct; (9605)

(2) Issue cease and desist orders, either summarily or after a hearing; (9606)

(3) Seek administrative remedies for violations of the statutes the Division of Consumer Protection is charged to enforce; (9607)

(4) Initiate and prosecute civil or criminal actions related to the purposes of this chapter in any court of competent jurisdiction; (9608)

(5) Seek restitution, rescission, reformation of contract, recoupment, disgorgement of profits or any moneys improperly obtained, or otherwise prevent unjust enrichment against violators of this chapter and on behalf of consumers; (9609)

(6) Promulgate rules and regulations; (9610)

(7) Under the direction of the Attorney General, maintain and supervise the deposits and expenditures into and out of the Consumer Protection Fund; (9611)

(8) Hold fact-finding, rulemaking or adjudicative hearings and issue opinions, orders or reports based thereon; and (9612)

(9) Take any other lawful action to enforce the consumer protection statutes and to carry out their purposes. (9613)

(b) The scope of the authority of the Director to initiate administrative proceedings or take civil enforcement action does not extend to matters within the jurisdiction of the Public Service Commission or of the Insurance Commissioner of this State. (9614)

(77 Del. Laws, c. 282, Sec. 2.) (9615)

Sec. 2521. Rules and regulations. (9616)(Text)

(a) The Director shall have the authority to promulgate rules and regulations as deemed necessary or appropriate to implement or clarify the statutes that the Division of Consumer Protection is charged to enforce or otherwise to carry out the purposes of those statutes. (9617)

(b) The rules and regulations of the Division of Consumer Protection shall be entitled to substantial deference in connection with any judicial review or case determination. (9618)

(77 Del. Laws, c. 282, Sec. 2.) (9619)

Sec. 2522. Proceedings; judicial remedies. (9620)(Text)

(a) The Attorney General and the Director shall have standing to seek, on behalf of the State, any remedy in this chapter whenever it appears that a person has violated or is about to violate any provision of Chapter 25 of Title 6, any provision of Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, Sec.Sec. 841, 914, 915, and 915A of Title 11, or any other law or regulation that the Division of Consumer Protection is authorized to enforce. The Attorney General or the Director may initiate an investigation, administrative proceeding, or court proceeding to enjoin or sanction the unlawful conduct. (9621)

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