N.Y. Comp. Codes R. & Regs. tit. 9 § 5.45

Current through Register Vol. 46, No. 25, June 18, 2024

Section 5.45 - Executive order no. 45: establishing the position of state director of consumer protection

WHEREAS, the goal of all consumer agencies, groups and organizations is to protect the interests of consumers;

WHEREAS, protecting the consumers of this State effectively and efficiently depends in large measure upon coordination among various Federal, State and local agencies and other public and private organizations;

WHEREAS, proper coordination will ensure that consumer protection resources are fully maximized so as to promote and encourage the protection of the legitimate interests of consumers within New York State; and

WHEREAS, to foster such an effort, it is desirable that one person be designated to assume primary responsibility and accountability for coordination of our State's consumer protection system;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish the position of State Director of Consumer Protection.

I. Powers and Responsibilities

The State Director of Consumer Protection shall be the Executive Director of the State Consumer Protection Board and shall assume all the powers and duties of the Executive Director as set forth in sections 552 and 553 of the Executive Law. In addition, subject to such limitations set forth in subdivision 3 of section 553 of the Executive Law as are applicable, the State Director shall:

1. Inquire into any alleged failure of a State officer or agency to comply with the consumer protection laws, rules and regulations of this State;

2. Report to the Governor the failure of any State agency to comply with the consumer protection laws, rules and regulations of this State;

3. Take steps to facilitate greater access by consumers to State government;

4. Act as the Governor's chief representative in connection with matters relating to the State's consumer protection system;

5. Advise the Governor on consumer protection matters, including the impact on consumers of matters pending before State agencies, and the effectiveness of services to consumers provided by any State agency;

6. Exercise and perform such other functions, powers and duties as may be deemed appropriate to protect and promote the interests of consumers as directed by the Governor;

7. Assume primary responsibility for the coordination of consumer protection information systems in New York State;

8. Identify statewide consumer protection objectives and goals, and develop and recommend a comprehensive protection strategy to achieve those objectives and goals;

9. Review and evaluate existing consumer protection policies and programs and recommend new policies and programs to improve the quality of consumer protection initiatives in this State;

10. Act as an advocate before other state and Federal entities by:

(a) representing the interests of consumers before State and Federal legislative bodies, commissions, departments, agencies and other appropriate governmental units;

(b) recommending and proposing the enactment of such legislation as is necessary to protect and promote the interests of consumers; and

(c) representing the interests of consumers in proceedings of Federal, State and local administrative and regulatory agencies where the State Director deems the proceeding to affect the interests of consumers;

11. Provide technical assistance to local governments, non-profit groups and other organizations in the development of consumer initiatives and activities;

12. Encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion and sale of consumer goods and services;

13. Recommend ways to combat deceptive trade practices, unconscionable trade practices and other practices adversely affecting consumers interests; and

14. Coordinate programmatic and fiscal initiatives for State consumer protection functions.

II. Access to Information

Every State department, agency, division, board, bureau, commission and any other entity over which I have Executive power shall provide any assistance necessary for the State Director of Consumer Protection to complete any investigation, analysis, inquiry or review.

Signed: George E. PatakiDated: November 13, 1996

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.45