(a) Duties and responsibilities. The Department shall have the following duties and responsibilities:
(1) study the problems of the consumer and determine the best methods of protecting consumer interests;
(2) compile, evaluate and publicize the existing laws and regulations for the protection of consumers and recommend legislation deemed necessary for such purposes;
(3) coordinate with other agencies and departments of the Government of the United States Virgin Islands to promote and watch over the enforcement of all laws, rules, regulations and orders which affect the interests of consumers;
(4) educate and guide consumers in the adequate solution of their problems and in the best use of their income and of their credit, using therefor all techniques and means of communication within its reach;
(5) promote the establishment of quality standards for consumer products and require their fulfillment;
(6) establish the necessary coordination with other Government agencies and organizations for the effective education and guidance of the consumer in accordance with the programs and activities of each agency;
(7) confer with consumers and offer technical and legal advice to consumers;
(8) enforce all laws relating to the advertising, offering for sale and the sale of commodities, goods, wares and services; receive and evaluate complaints and initiate its own investigations relating to these matters and take appropriate action, including referral to a federal or territorial department or agency;
(9) represent the public consumer before any private entity or public organization in any matter affecting or which might affect the interests of consumers;
(10) serve as mediator, on request of any interested party, in the solution of controversies arising between consumers and suppliers;
(11) stimulate the formation of nonprofit private groups of consumers exclusively engaged in protecting and watching over the interests of consumers;
(12) promote, on behalf of consumers, fair and honest practices of commerce and industry in their transactions with the consumers, and prepare codes of ethics to which merchants and businessmen operating in the United States Virgin Islands may voluntarily subscribe, or use any other appropriate measures to obtain the same results;
(13) enforce all laws in relation to weights and measures and price controls; and
(14) have cognizance and control of the granting, transferring, revoking, suspending and canceling of all licenses and permits, except in cases with respect to which, and to the extent to which, any of said powers are conferred upon another agency or person by law, and shall collect all fees for licenses and permits, the collection of which by some other agency or person is not authorized by law.
(b) Powers. The Department shall have the following powers:
(1) approve, amend or revoke those rules, regulations, orders and determinations necessary to the compliance of this chapter. Prior to the adoption of the rules and regulations, the Department shall hold public hearings after publishing a notice in at least one of the newspapers of general circulation in the United States Virgin Islands, indicating the date, place and nature of said hearings. The publication shall be made at least five (5) days in advance of the hearing;
(2) file any necessary legal action to fulfill the purposes of this chapter and enforce the rules, regulations, orders and determinations of the Department;
(3) appear for and in representation of consumers before any court, board, committee, administrative organization, department, office or agency of the Government of the United States Virgin Islands, in any hearing, proceeding or matter that affects or may affect the interest of consumers in general, or groups of consumers, or of any particular consumer;
(4) establish all annual licensing fees not otherwise established by law;
(5) upon previous notice and an opportunity for a fair hearing, impose administrative fines for violations of the rules, regulations and orders approved or prescribed by the Department. Such fines shall not be less than $25 nor more than $1,000;
(6) enter into contracts or agreements with public or private institutions for carrying out investigations, examinations or analysis of products, articles or services as well as to carry out publicity campaigns; and
(7) perform all those other necessary, convenient, and reasonable acts for the most efficient achievement of the purposes of this chapter, including the holding of public and administrative hearings.
(c) Studies and investigations, subpoena power.
(1) The Department is empowered to carry out studies and investigations on matters affecting consumers and for such purposes the Department may require the information which might be necessary, pertinent and essential to achieve such purposes and to approve the necessary and reasonable rules and regulations. The Department may issue subpoenas requiring the appearance of witnesses and the production of data or information to carry out the purposes of this chapter. It may also administer oaths and receive testimony, data or information.
(2) If a subpoena issued by the Department is not duly complied with, the Department may invoke the aid of any court of the United States Virgin Islands to require compliance with any such subpoena.
(3) No person shall refuse to comply with a subpoena of the Department to produce the required evidence, or refuse to answer any questions in connection with any study or investigation, or refuse to comply with a judicial order so issued on the grounds that the testimony or evidence required may incriminate him or subject him to criminal prosecution or that it may cause his dismissal or removal from his employment. A person sworn or examined before the Department shall not be held to answer criminally or be subject to any penalty or forfeiture for any fact or act upon which he is required to testify. Any statement made or paper produced by such witness shall not be competent evidence in any criminal proceeding against the witness.
(d) Cease and desist orders.
(1) After a hearing and determination that an accused party has violated this chapter or any administrative order, resolution or regulation issued pursuant to this chapter, the Department may issue against such accused party an order to cease and desist and may prescribe the corrective terms and conditions that through the evidence at its disposal it may determine beneficial to consumers.
(2) The orders issued under this subsection shall be served upon the accused party at his or its place of business or by certified mail to his or its last known address.
(3) The Department may apply to the District Court of the Virgin Islands requesting that any cease and desist order issued by it or any corrective order be put into effect.
(4) Noncompliance with a judicial order granted at the Department's request shall constitute contempt of court.
(e) Publicity; fraudulent or deceitful practices. The Department may, when it deems it appropriate on behalf of the consumer, inform the public through available means of any illegal, fraudulent and deceitful practices committed in the goods and services market.
(f) Appeals.
(1) Any person directly or adversely affected by acts, orders or resolutions issued by the Department in accordance with the powers granted by this chapter, may within the ten (10) days following his notification file a written petition for reconsideration, specifying his objections.
(2) Any person aggrieved by the decision of the Department to a request for reconsideration may within ten (10) days following the date of the notice of such decision file an appeal for review with the District Court of the Virgin Islands.
(3) The appeal for review shall state the fundamentals on which the petition for review is based. On the filing of the petition, the petitioner shall notify same to the Department within five (5) days from and after its filing.
(4) When the appeal for review has been established, it shall be the duty of the Department to take to the court a certified copy of the documents appearing in the record, within ten (10) days from and after the date in which it was notified of the filing of the appeal for review. When the documents have been received, the court shall indicate the hearing of the appeal to take place within 120 days from the date said documents were received. The court shall review on their merits the issue of facts and questions of law which caused the review of the decision of the Department.
(5) The court shall issue its decision of the case within a term of five (5) days from the date of the holding of the hearing. The court shall notify the Department of its decision within ten (10) days following the decision on such appeal.
(g) Prohibited practices. Every type or kind of act, practice, advertisement or publicity is prohibited which constitutes or tends to constitute fraud or deceit, where the article, product or service is falsely represented or which creates in the consumer an image or erroneous impression of the brand, price, amount, size, quality, grade, salubrity or any other characteristics of the product, article or service.
(h) Penalties. Any violation of the provisions of this chapter or of the provisions contained in the rules and regulations promulgated thereunder, or of the orders and resolutions issued by the Department shall constitute a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment of not to exceed six months, or by both at the discretion of the court.