Tennessee § 47-18-5002 - Power to employ personnel.

§ 47-18-5002. Power to employ personnel.

The attorney general and reporter has the power to employ such personnel as may be necessary and appropriate to accomplish the purposes of this chapter, and the attorney general and reporter, or the attorney general's designee, shall: Serve as the central coordinating agency for receiving complaints by Tennessee consumers or about Tennessee businesses regarding unfair or deceptive acts or practices; Provide copies to, or otherwise notify, the persons identified in the complaints as engaging in unfair or deceptive practices and allowing them an opportunity to respond, within a reasonable time, to the division with, if appropriate, a proposal to resolve the complaint. Upon receiving a response, the division may share the response with the complainant and may facilitate additional communication between the person identified in the complaint and the complainant in an effort to encourage a mutually agreeable resolution; Report annually to the general assembly on the activities of the division. The report shall include, but not be limited to, a statement of the investigatory and enforcement procedures and policies of the division, as well as a statement of the number of complaints filed and of investigations or enforcement proceedings instituted and of their disposition. The report shall not identify any person who has not been otherwise publicly identified in enforcement proceedings unless such person consents to identification. The report may include recommendations for proposed legislation designed to remedy specific unfair or deceptive acts or practices. Pursuant to the reporting requirements of this subdivision (3), the director of consumer affairs appointed pursuant to § 47-18-5001 shall provide a written report and testify annually to the commerce and labor committee of the senate and the consumer and human resources committee of the house of representatives. The reports made pursuant to this subdivision (3) must be submitted no later than February 1 of each year; Lend assistance to any district attorney general who elects to criminally prosecute any person for any criminal act or practice directed against the consuming public; and Promote consumer education and inform the public of policies, decisions, and legislation affecting consumers. Acts 1973, ch. 83, § 2; 1977, ch. 438, § 5; T.C.A., §§ 43-115, 43-1-203; Acts 2013, ch. 236, § 15; 2018, ch. 684, § 1; 2019, ch. 459, §§ 47, 48. Compiler's Notes. Acts 2019, ch. 459, § 55 provided that the division of consumer affairs in the department of commerce and insurance shall coordinate with the attorney general and reporter to transfer all documents, information, systems, and other material deemed relevant to the operation of the division of consumer affairs of the office of the attorney general and reporter. Amendments. The 2013 amendment substituted “the commerce and labor committee of the senate and to the consumer and human resources committee of the house of representatives” for “the commerce, labor and agricultural committee of the senate and to the commerce committee of the house” in the penultimate sentence of (3). The 2018 amendment added the last two sentences in (6). The 2019 amendment rewrote the introductory language and (1)-(2), which read: “The division of consumer affairs has the power to employ such personnel as may be approved by the commissioners of commerce and insurance and finance and administration, and shall:“(1) Enforce part 1 of this chapter and this section throughout the state of Tennessee;“(2) Employ within budgetary limitations the necessary professional, investigative, and clerical staff needed to effectuate part 1 of this chapter and this section;”; deleted former (3)-(5), which read: “(3) Promulgate reasonable procedural rules and regulations needed to carry out part 1 of this chapter and this section. These rules shall be adopted in accordance with the Uniform Administrative Procedure Act, compiled in title 4, chapter 5. Prior to the promulgation of any rule or regulation having the force or effect of law, such rule or regulation must be submitted to the commerce and labor committee of the senate and to the consumer and human resources committee of the house of representatives for their concurrence. Any rule or regulation which is not acted upon by such committees within thirty (30) days after notice of the filing thereof is given to the chairs of the committees shall become effective notwithstanding subsequent action by the committees;“(4) Conduct investigations and research, hold public hearings, or conduct and publish studies relating to the distribution or furnishing of goods or services to or for the use of consumers when the division or the attorney general and reporter has reason to believe that there are or have been persistent or consistent violations of part 1 of this chapter and this section; provided, that § 47-18-106 shall not be applicable to this subdivision (4);“(5) Serve as the central coordinating agency and clearinghouse for receiving complaints by Tennessee consumers of illegal, fraudulent, deceptive or dangerous practices;”; and redesignated former (6)-(8) as present (3)-(5). Effective Dates. Acts 2013, ch. 236, § 94. April 19, 2013. Acts 2018, ch. 684, § 2. April 12, 2018. Acts 2019, ch. 459, § 56. September 30, 2019. Cross-References. Consumer Protection Act of 1977, definitions, § 47-18-103 . Cited: Mires v. Clay, 3 S.W.3d 463, 1999 Tenn. App. LEXIS 564 (Tenn. Ct. App. 1999).