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Connecticut Laws | Title 21a Consumer Protection
Sec. 21a-190i. Investigations. Subpoenas. Court orders.

Sec. 21a-190i. Investigations. Subpoenas. Court orders. (815)(Text)

(a) The department, on its own motion or on complaint of any person, may conduct an investigation to determine whether any person has violated or is about to violate any provision of sections 21a-190a to 21a-190l, inclusive. (816)

(b) The commissioner or his authorized representative may subpoena documentary material relating to any matter under investigation, issue subpoenas to any person involved in or who may have knowledge of any matter under investigation, administer an oath or affirmation to any person and conduct hearings on any matter under investigation. (817)

(c) If any person fails to obey any subpoena issued by the commissioner or his authorized representative pursuant to this section, the commissioner may, after notice, apply to the superior court for the judicial district of Hartford, which court, after a hearing thereon, may issue an order requiring such person to obey such subpoena or any part thereof, together with such other relief as may be appropriate. Any disobedience of any order entered under this section by any court shall be punished as a contempt thereof. (818)

Sec. 21a-190j. Time limit for compliance. (819)(Text)

Section 21a-190j is repealed, effective October 1, 2002. (820)

Sec. 21a-190k. Regulations. (821)(Text)

The commissioner may adopt regulations in accordance with the provisions of chapter 54 in order to carry out the provisions of sections 21a-190a to 21a-190l, inclusive. (822)

Sec. 21a-190l. Denial, suspension, revocation of registration. Court-ordered relief. Penalties. (823)(Text)

(a) The commissioner may deny, suspend or revoke the registration of any charitable organization, fund-raising counsel or paid solicitor which has violated any provision of sections 21a-190a to 21a-190l, inclusive. The commissioner may accept a written assurance of compliance when said commissioner determines that a violation of said sections is not material and that the public interest would not be served by a denial, suspension or revocation of such registration. (824)

(b) The Attorney General, at the request of the commissioner, may apply to the Superior Court for, and the court may grant, a temporary injunction or a permanent injunction to restrain violations of sections 21a-190a to 21a-190l, inclusive, the appointment of a receiver, an order of restitution, an accounting and such other relief as may be appropriate to ensure the due application of charitable funds. Proceedings thereon shall be brought in the name of the state. (825)

(c) Any person who knowingly violates any provision of sections 21a-190a to 21a-190l, inclusive, shall be fined not more than five thousand dollars or imprisoned not more than one year, or both. (826)

(d) In any action brought under subsection (b) of section 21a-190l, if the court finds that a person has wilfully engaged in conduct prohibited by section 21a-190h, the Attorney General, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than two thousand five hundred dollars for each violation. For purposes of this subsection, a wilful violation occurs when the party committing the violation knew or should have known that such conduct was prohibited by section 21a-190h. (827)

Secs. 21a-191 to 21a-194. (828)(Text)

Reserved for future use. (829)


Sec. 21a-195. Boxing Commission established. (831)(Text)

Section 21a-195 is repealed. (832)

Secs. 21a-195a to 21a-211. (833)(Text)

Transferred to Chapter 532a, Secs. 29-143i to 29-143z, inclusive. (834)

Secs. 21a-212 to 21a-215. (835)(Text)

Reserved for future use. (836)


Sec. 21a-216. (Formerly Sec. 19-341a). Definitions. (838)(Text)

As used in this chapter: (839)

(1) "Health club" means any corporation, partnership, unincorporated association or other business enterprise offering facilities for the preservation, maintenance, encouragement or development of physical fitness or well-being in return for the payment of a fee entitling the buyer to the use of such facilities. Such term includes, but is not limited to, "health spas", "sports and health clubs", "tennis clubs", "racquet ball courts", "golf clubs", "platform tennis clubs", "gymnasiums", "figure salons", "health studios", "weight control studios", and any organization primarily operated for the purpose of teaching a particular form of self-defense or martial art, such as judo, karate or kung fu, but shall not include any establishment from which a buyer may only purchase or become obligated to purchase services to be rendered for a period of not more than one month and which does not collect more than one month's payment in advance of the rendering of such services, nonprofit organizations, any massage establishment, any private club owned and operated by its members or any facility operated by the state or any of its political subdivisions. (840)

(2) "Business day" means any day except a Sunday or a legal holiday. (841)

(3) "Health club contract" means an agreement by which a buyer is entitled to membership in a health club or use of the facilities of a health club. All health club contracts shall be in writing. (842)

(4) "Buyer" means a person who enters into, or receives the benefit of, a health club contract. (843)

(5) "Services actually received" includes any period during which the facilities of the health club are available to the buyer pursuant to the health club contract whether or not the buyer makes use of the facilities, except when the consideration paid for the health club contract is determined by the number of times the buyer makes use of the health club facilities. The facilities shall not be deemed to be available to the buyer if the buyer fails to make use of the health club facilities in reliance upon a statement or representation of an officer, employee or agent of the health club which would reasonably lead the buyer to conclude that his contract had been cancelled or that the facilities were not actually available for use by the buyer. (844)

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