§487-5  General functions, powers,
and duties.  The director of the office of consumer protection is
designated the consumer counsel for the State and shall represent and protect
the State, the respective counties, and the general public as consumers.  The
director of the office of consumer protection shall have the following
functions, powers, and duties:



(1)  Coordinate the consumer protection activities of
all departments, divisions, and branches of state government, and of branches
of the county government concerned with consumer protection;



(2)  Assist, advise, and cooperate with federal,
state, and local agencies and officials to protect and promote the interests of
the consumer public;



(3)  Conduct investigations, research, studies, and
analysis of matters and take appropriate action affecting the interests of
consumers;



(4)  Study the operation of laws affecting consumers
and recommend to the governor and the legislature, new laws and amendments of
laws in the consumers' interest;



(5)  Adopt, amend, or repeal rules pursuant to chapter
91 necessary for the purposes of this chapter, including rules which define
with specificity acts or practices which are unfair or deceptive acts or
practices in the conduct of any trade or commerce;



(6)  Investigate reported or suspected violations of
laws enacted and rules adopted for the purpose of consumer protection and shall
enforce such laws and rules by bringing civil actions or proceedings;



(7)  Organize and hold conferences on problems
affecting consumers; and undertake activities to 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;



(8)  Provide a central clearinghouse of information by
collecting and compiling all consumer complaints and inquiries and making the
collections and compilations available to the general public; provided that
consumer complaints may not be made available to the general public if the
office of consumer protection is conducting an investigation or review of the
complaints, or if the complaints are being used in connection with civil
actions or proceedings initiated by the office of consumer protection, or if
the complaints have been referred to another state agency;



(9)  Appear before governmental commissions,
departments, and agencies to represent and be heard on behalf of consumers'
interest;



(10)  Contract with other county, state, or federal
governmental agencies, with nonprofit social services societies, or with
private nonprofit trade, professional, or business organizations for the
performance of any of the functions of the office not involving the enforcement
of rules for the purpose of consumer protection under this section, within the
budget limitations for any period not exceeding a budget year, provided that
the purposes and policies of this chapter are in no way diluted, abridged,
misdirected, or destroyed; and



(11)  Perform such other acts as may be incidental to
the exercise of the functions, powers, and duties set forth in this section,
including but not limited to, compensation of witnesses in such amounts and for
such purposes as shall be prescribed by rules. [L 1969, c 175, §5; am L 1974, c
127, §1; am L 1975, c 57, §1 and c 149, §1; am L 1980, c 191, §2; am L 1985, c
64, §1; am L 1988, c 60, §5; am L 1989, c 77, §13; am L 1990, c 316, §10; am L
1991, c 3, §4 and c 105, §1]



 



Case Notes



 



  Where, pursuant to this section, the director of the office
of consumer protection is designated the consumer counsel for the State
"and shall represent and protect the State, the respective counties, and
the general public as consumers", in bringing civil actions or proceedings
for the purpose of enforcing consumer protection laws and rules, the director
is statutorily authorized to obtain restitution for injured consumers under
§487-14.  110 H. 504, 135 P.3d 113.