Delaware § 2520 Enforcement authority

Delaware Statutes

§ 2520 — Enforcement authority

Delaware·Title 29·Part State Offices Created by Constitution·Ch. 25 STATE DEPARTMENT OF JUSTICE·Subch. Consumer Protection

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

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

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

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

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

(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;

(6)Promulgate rules and regulations;

(7)Under the direction of

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

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

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

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

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

(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;

(6) Promulgate rules and regulations;

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

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

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

(b) The scope of 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 the State, except for matters covered by § 1014 of Title 26, but only as they relate to community-owned energy generating facilities.

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