Delaware Code Title 29 Sec. 2520 – Enforcement authority
(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.
Terms Used In Delaware Code Title 29 Sec. 2520
- Contract: A legal written agreement that becomes binding when signed.
- Director: as used in this subchapter refers to the Director of the Division of Consumer Protection and includes any designee. See Delaware Code Title 29 Sec. 2517
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(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.