§ 6-31-5 - Director's powers.
SECTION 6-31-5
§ 6-31-5 Director's powers. – (a) The director shall do all of the following:
(1) Designate by regulation those consumer commodities inaddition to the consumer commodities specifically enumerated in §6-31-2(a) as to which display of the unit price shall be required, upon adetermination that the display will be in the best interest of consumers;
(2) Designate by regulation the unit of weight, measure, orcount in terms of which the unit price of each consumer commodity shall beexpressed, provided that no designated unit shall be such as to require personssubject to the provisions of § 6-31-2(a) to measure any consumer commoditysolely for the purpose of complying with § 6-31-2(a);
(3) Designate by regulation whether the unit price of eachconsumer commodity subject to the provisions of § 6-31-2(a) shall beexpressed to the nearest whole cent or to an appropriate fraction thereof;
(4) Exempt by regulation classes of retail establishmentsfrom any or all requirements of this chapter upon a determination that becausesales of consumer commodities regulated by this chapter are purely incidentalto the business of the classes of retail establishments, compliance with thischapter is impracticable and unnecessary for adequate protection of consumers;provided, however, that any person, firm, corporation, or other business entitywith less than eight (8) full time employees shall be exempt from theprovisions of this chapter;
(5) Prescribe by regulation means for the disclosure of priceinformation upon determination that they are more effective than thoseprescribed in § 6-31-3; and
(6) Promulgate any other regulation necessary to effectuatethe provisions of this chapter in accordance with the best interests ofconsumers.
(b) The director shall give public notice of his or herintention to promulgate regulations pursuant to subsection (a) and shallreceive the opinions of interested parties on the regulations. Regulationsshall take effect thirty (30) days from the date on which the notice is given.
(c) The director shall hold hearings whenever he or she hasprobable cause to believe, or whenever twenty-five (25) or more citizens statein writing to the director their belief that the actions of any person subjectto the provisions of this chapter have evidenced a pattern of noncompliancewith any or all of those provisions. Pursuant to the hearings, to which thesuspected violator shall be invited with written notice at least ten (10) daysbefore the hearing is held, the director shall, upon a finding that a patternof noncompliance has been shown:
(1) Issue a warning citation; or
(2) Report any pattern of noncompliance to the attorneygeneral who shall cause appropriate proceedings to be instituted in the propercourts.