The Consumer Complaint Investigator, or any city officer or employee
designated by the Mayor, is hereby designated to administer this chapter.
Deceptive trade practices and unconscionable trade practices are hereby
declared unlawful in the City of Oswego, New York.
The Consumer Complaint Investigator, or any city officer or employee
designated by the Mayor, shall have the following powers and duties:
A.
To receive and investigate consumer complaints regarding
business and commercial practices throughout the City of Oswego.
B.
To conduct investigations, research, studies, surveys
and analyses of matters affecting the interests of the City of Oswego consumers.
C.
To enforce throughout the city all state and local laws
and regulations and rules regarding consumer protection and weights and measures.
D.
To be of assistance to all residents of the city relative
to services provided by all governmental agencies in the City of Oswego.
E.
To initiate, implement and administer such consumer protection
programs and activities throughout the city as shall be appropriate, including
the examination and testing of foods, food packages and other food containers
to determine quantity and quality of content.
F.
To examine prepackaged goods and products of every kind
and nature to determine safety and the propriety and accuracy of weight, labeling
and pricing.
G.
To implement educational programs to inform the general
public on proper and lawful marketing practices and procedures.
H.
To undertake special activities to inform welfare recipients,
the elderly, those persons not fluent in either written or spoken English
and other groups of people who operate at a disadvantage in the marketplace.
In addition to the use of mass media communications for this purpose, simplified
versions of the Consumer Protection Code shall be posted in agencies that
service these groups of people.
I.
To undertake activities to encourage local business,
industry and government to maintain high standards of honesty, fair business
practices and public responsibility in the production, promotion and sales
of consumer goods and services.
J.
To endeavor to eliminate unfair dealings or causes for
complaint by conference, conciliation and persuasion.
K.
To initiate his own investigation of frauds or unfair
dealings against consumers.
L.
To conduct a hearing in accordance with § 99-10 of this Article when a complaint is not resolved to the satisfaction of the Consumer Complaint Investigator or any city officer or employee designated by the Mayor through conciliation and conference.
M.
To represent consumer interests before legislative, regulatory
and administrative bodies.
N.
To cooperate with other agencies, public and private,
in the development of standards and quality grades for consumer goods and
services.
O.
To receive, administer, pay over and distribute moneys
collected in and as a result of actions brought for violations of the law.
P.
To commence legal actions on behalf of any consumer or
class of consumers in courts of appropriate jurisdiction or in appropriate
agencies.
Q.
To report to the appropriate law enforcement agencies
any information concerning possible violations of a penal nature of any consumer
protection laws.
R.
To secure from the appropriate legal officer such subpoenas
as are necessary to conduct investigations and to take action against alleged
violations of this chapter.
S.
To exercise and perform such other functions, powers
and duties as may be deemed necessary or appropriate to carry out the purposes
of this Consumer Code.
A.
Filing of complaint. All complaints must be in writing,
signed by the complainant, on a form to be prescribed by the Consumer Complaint
Investigator or any city officer or employee designated by the Mayor. Complaints
may be filed at the Office of Consumer Affairs or any other department designated
by the Mayor in person or by mail. Copies of all relevant documents, including
advertisements, should be attached to the complaint.
B.
Docketing and numbering complaints. Each complaint shall
be docketed and given a number. Correspondence with the Office of Consumer
Affairs or any other department designated by the Mayor should bear the complaint
number.
C.
Determination of jurisdiction. Within a reasonable time
after filing, each complaint will be reviewed to determine whether the Office
of Consumer Affairs or any other department designated by the Mayor has jurisdiction
thereof. The Office of Consumer Affairs or any other department designated
by the Mayor shall notify the complainant by mail if it is determined that
no jurisdiction exits.
D.
Notice of complaint. If the Office of Consumer Affairs
or any other department designated by the Mayor determines that it has jurisdiction,
it shall inform the respondent by certified mail, with return receipt requested:
(1)
Of the substance of the complaint filed against him.
(2)
When and by whom it was filed.
(3)
That the respondent has the right to respond to the complaint.
(4)
That any response must be sent by mail within five (5)
working days following receipt of the Office of Consumer Affairs.
(5)
That unless a response is made demonstrating clearly
that the division lacks jurisdiction or there is no substantial claim, a hearing
may be set on the matter.
E.
Nothing in this section shall act to preclude the Office
of Consumer Affairs or any other department designated by the Mayor from contacting
the respondent by telephone or other means for attempted resolution of the
complaint.
F.
Calling and notice of hearing. The Office of Consumer
Affairs or any other department designated by the Mayor may call a hearing
respecting any complaint and fix the date and place of hearing. At least five
(5) working days prior to the time of the hearing date, the Office of Consumer
Affairs or any other department designated by the Mayor shall send by certified
mail to each party a notice stating:
G.
Conduct of hearing.
(1)
A hearing is an informal proceeding. The parties shall
appear before a duly assigned hearing officer, who shall be the Consumer Complaint
Investigator or any city officer or employee designated by the Mayor. Opportunity
shall be afforded to the complainant and respondent to present evidence and
argument on all issues involved and to cross-examine all witnesses who have
testified.
(2)
The hearing officer may question any party or witness
when the hearing officer deems it appropriate. The Consumer Complaint Investigator,
or any city officer or employee designated by the Mayor, shall be authorized
to secure from the appropriate legal officer such subpoenas as necessary to
compel the attendance of witnesses and the production of tangible evidence.
A hearing officer may expel any party or attorney from any hearing for improper,
disorderly or contemptuous conduct.
(3)
Any relevant evidence which is not privileged is admissible
without regard to whether such evidence is hearsay or otherwise inadmissible
in a court of law. The hearing officer may exclude irrelevant material or
unduly repetitious evidence.
(4)
Each party has the right to representation by counsel
at his own expense. A hearing officer may administer an oath or affirmation
to any person upon request of either party or upon his own initiative.
(5)
Either party or the Consumer Complaint Investigator or
any city officer or employee designated by the Mayor may cause the hearing
to be transcribed at his or its own expense.
(6)
The hearing officer shall make a written finding, based
on substantial evidence, that a violation of any statute, rule or regulation
under the jurisdiction of the Consumer Complaint Investigator or any city
officer or employee designated by the Mayor has occurred. The respondent and
complainant shall be notified by mail of any such findings.
H.
Failure to appear at hearings. Upon failure of a duly
notified respondent to appear at a hearing after issuance of a subpoena, the
Consumer Complaint Investigator, or any city officer or employee designated
by the Mayor, shall be authorized to ask the City Attorney to seek a contempt
citation in a court of competent jurisdiction. Failure of one part to appear
at a scheduled hearing does not preclude the hearing officer from receiving
evidence from and hearing arguments by the other party. The hearing officer
may make a finding notwithstanding the absence of one (1) of the parties.
Upon failure of the complainant to appear, the hearing officer may, in his
discretion, dismiss the complaint.
I.
Hearing officer to be impartial. No person with financial
or other interest relative to a complaint shall serve as hearing officer.
Any party may challenge the impartiality of any hearing officer by presenting
an objection, in writing, to the hearing officer or to the Consumer Complaint
Investigator or any city officer or employee designated by the Mayor. The
Consumer Complaint Investigator, or any city officer or employee designated
by the Mayor, shall consider and determine such objection.
J.
Continuance of date of hearing. A continuance may be
granted in the discretion of the hearing officer for good cause. A request
for continuance must be made no later than forty-eight (48) hours preceding
the date and time of the hearing. Any such request made later than forty-eight
(48) hours preceding the date and time of the hearing will be granted only
in a case of unexpected emergency.
A.
The Consumer Complaint Investigator, or any city officer
or employee designated by the Mayor, may adopt such rules and regulations
as may be necessary to effectuate the purposes of this chapter, except any
such rules or regulations that shall affect penalties, subpoena powers, enforcement
and the definition of specific deceptive or unconscionable trade practices,
which must first be approved by the Common Council.
B.
It shall be the policy of the Office of Consumer Affairs,
or any other department designated by the Mayor, to offer the public an opportunity
to comment upon any regulation proposed by the Consumer Complaint Investigator,
or any city officer or employee designated by the Mayor, prior to final adoption
of the regulation. All regulations adopted by the Consumer Complaint Investigator,
or any city officer or employee designated by the Mayor, shall be available
to the public. Regulations other than those adopted by the Common Council
shall be adopted in the following manner:
(1)
At least thirty (30) days before the effective date of
a proposed regulation, the Consumer Complaint Investigator, or any city officer
or employee designated by the Mayor, shall send a copy of the proposed regulation
to the Mayor, the City Clerk and each member of the Common Council; shall
cause the proposed regulation be published in a newspaper of general circulation
in Oswego; and shall invite those persons and the public to comment upon the
proposed regulation orally or in writing during this period.
(2)
After thirty (30) days have elapsed or the period for
public comment has ended, whichever occurs later, the Consumer Complaint Investigator,
or any city officer or employee designated by the Mayor, shall promulgate
the regulation in its final form by sending a copy to the City Clerk and by
causing the regulation to be published in a newspaper of general circulation
in Oswego. The regulation shall be effective on the date it is published,
unless a later date is established in the regulation.
(3)
Where such action is necessary to protect the public interest, the Consumer Complaint Investigator, or any city officer or employee designated by the Mayor, may waive the procedure set forth in Subsection B(1) and adopt a regulation to be effective immediately by promulgation in the manner set forth in Subsection B(2).
