Title 26, Trade Regulation And Practice

§486-78 Authority to inspect. The administrator may upon the administrator's own initiative or upon complaint, after properly identifying or making a legitimate effort to identify oneself, enter upon any public or private property, in accordance with law, where odometers may reas…

§486-79 Citation and notice to appear. The administrator may issue to any person violating this part, a citation and notice to appear, at a given time and place, to answer to charges against the person. The form, contents, copy designation and disposition, and appearance dates of…

§486-80 Impoundment of evidence. The administrator may, for a period not to exceed ninety-six hours, impound as evidence any passenger car in which an inaccurate or incorrect or inoperable odometer system is installed or exists. Such period may be extended by order of the court. …

§486-81 Confiscation of evidence. The administrator or any authorized inspector may confiscate as evidence any tools designed to change, manipulate, or otherwise alter the display of an odometer, when the inspector has reason to believe that such tools may be used in an illicit m…

§486-82 Nonscheduled inspection, permissible. Any authorized inspector may, where probable cause exists, require the driver or custodian of a passenger car to move the passenger car to a designated place for inspection of the car or its odometer system. [L 1988, c 156, pt of §3]

§486-83 Scheduled inspection. The administrator or any authorized inspector may schedule odometer system inspection for passenger cars at a designated time and place. Failure to move or present the passenger cars as directed or scheduled shall be a violation of this part. [L 1988…

§486-84 Civil action. (a) Any person who violates any requirement imposed under this part shall be liable to the buyer, in an amount equal to the sum of: (b) An action to enforce any liability created under subsection (a) of this section must be brought in a court of competent ju…

§486-87 Penalties. Any person guilty of committing any of the prohibited acts or omitting any of the required acts of this part shall be guilty of a misdemeanor. [L 1988, c 156, pt of §3; am L 1993, c 54, §4]

§486B-1 Definitions. As used in this chapter, unless the context otherwise requires: "Advertising" includes the use of any banner, sign, placard, poster, streamer, card, or any publication in the media. "Gasoline" means a volatile mixture of liquid hydrocarbons, generally contain…

§486B-1.5 Monitoring of petroleum industry information. The public utilities commission or the department of business, economic development, and tourism shall refer to the attorney general any matter that is a violation of this chapter that is discovered in the performance of its…

[§486B-2] Misrepresentations. (a) It is unlawful for any person to make any deceptive, false, or misleading statement by any means whatsoever regarding quality, quantity, performance, price, discount, profit, or savings used in the sale or selling of any petroleum product regulat…

[§486B-3] Unlawful profiteering. Any person who sells petroleum products and who, with intent to enhance the price or restrict the supply of petroleum products: commits an unlawful trade practice. [L 2006, c 78, pt of §21]

[§486B-4] Penalty. Any person who violates this chapter shall be fined not more than $10,000 for each violation or imprisoned for not more than five years, or both. [L 2006, c 78, pt of §21]

[§486B-5] Injunctions. Any person who violates this chapter may be enjoined by the circuit court by a mandatory injunction or temporary restraining order necessary or proper to effectuate the purposes of this chapter in a suit brought by the attorney general in the name of the St…

[§486B-6] Remedies cumulative. The remedies prescribed in this chapter are cumulative and in addition to any other remedies provided by law. [L 2006, c 78, pt of §21]

§486H-1 Definitions. As used in this chapter: "Commission" means the public utilities commission. "Company retail station" means a retail service station owned and operated by a manufacturer or jobber and where retail prices are set by that manufacturer or jobber. "Conventional g…

§486H-10.4 Restrictions on manufacturers or jobbers in operating service stations; lease rent controls. (a) Beginning August 1, 1997, no manufacturer or jobber shall convert an existing dealer retail station to a company retail station; provided that nothing in this section shall…

§486H-10.5 Violation; penalties. Any person who violates section 486H-10.4 shall be assessed a civil penalty of $1,000 per day for each violation. [L 1995, c 238, §1; am L 2008, c 19, §60]

§486H-11 Enforcement of prohibition. (a) The attorney general shall commence a civil action to enforce section 486H-10.4 by seeking injunctive or any other appropriate relief. The civil action shall be brought in the circuit court of the circuit where the alleged violation occurr…

[§486H-12] Preemption by federal law. This chapter shall not be applied in a manner that would render its application preempted by the "Petroleum Marketing Practices Act", 15 U.S.C. [section] 2801, et seq., or other applicable federal law. [L 1993, c 329, pt of §1]

§486H-13 Maximum pre-tax wholesale price for the sale of gasoline; civil actions. (a) Notwithstanding any law to the contrary, no manufacturer, wholesaler, or jobber may sell regular unleaded, mid-grade, or premium gasoline to a dealer retail station, an independent retail statio…

§486H-16 Adjustments. (a) A manufacturer, wholesaler, or jobber may petition the commission to adjust the maximum pre-tax wholesale price of regular unleaded, mid-grade, or premium gasoline in the event of a change in the value of the baseline price for regular unleaded gasoline,…

[§486H-17] Restricting supply of petroleum products. The attorney general shall immediately investigate any shortage or condition affecting the supply of any petroleum products or other matters relating to the requirements of this chapter and shall institute all appropriate crimi…

[§486H-2] Wrongful or illegal termination; unreasonable nonrenewal; damages; defenses. (a) Except as provided in section 486H-3, a petroleum distributor shall be liable to a gasoline dealer who sells the products of the petroleum distributor under a franchise from the distributor…

§486H-3 Notice of termination, cancellation, or nonrenewal. A petroleum distributor shall not terminate, cancel, or refuse to renew a franchise with a gasoline dealer without first giving the dealer written notice by certified mail at least ninety days in advance of the effective…

§486H-4 Wrongful termination, cancellation, or nonrenewal; exception to actions. No action may be brought under section 486H-2 in connection with the termination, cancellation, or nonrenewal of a franchise if the franchise agreement provides for the binding arbitration of dispute…

§486H-5 Gasoline dealer's rights. (a) A petroleum distributor shall not in any way dictate, force, or attempt to set the retail price of any product sold by the gasoline dealer. (b) After June 7, 1976, it shall be illegal for any petroleum distributor by any action to require a g…

§486H-6 Petroleum distributor's penalty; collection. The petroleum distributor's executive officer, representative, or agent who negotiates any contract in violation of section 486H-5(a) and section 486H-5(b), or who otherwise coerces a gasoline dealer in violation of section 486…

[§486H-7] Right to sue. Any person who is injured in the person's business or property by reason of a violation of section 486H-5 may sue in any court having jurisdiction in the county where the defendant resides or is found, or where any agent of the defendant resides or is foun…

[§486H-8] Disposition of inventory. Upon termination of a franchise by either the petroleum distributor or the gasoline dealer, whether or not for cause, the distributor shall at the request of the dealer, take back any inventory from the dealer which was supplied by it and which…

[§486H-9] Rights of dealer family member. (a) Upon the death of a gasoline dealer, the franchise of said dealer and any leases or other agreements in connection therewith may be assumed by any dealer family member, who has actively participated in the franchise during the twelve-…

PART I. GENERALLY §486J-1 Definitions. As used in this chapter: "Aviation fuel" means and includes all liquid substances of whatever chemical composition usable for the propulsion of airplanes. "Biofuels" means liquid or gaseous fuels produced from organic sources such as biomass…

§486J-2 Distributors to register. Every distributor, and any person before becoming a distributor, shall register as such with the department on forms to be prescribed, prepared, and furnished by the department. [L 1997, c 257, pt of §2; am L 2002, c 77, §4; am L 2006, c 78, §4; …

PART II. PETROLEUM ADVISORY COUNCIL [§486J-21] Petroleum advisory council; establishment. (a) There is established within the department for administrative purposes a voluntary petroleum advisory council, which shall be convened at the director's discretion and shall consist of t…

[§486J-22] Duties of the council. The council shall:

§486J-3 Statements. Each month, every refiner and distributor, on a reporting date established by the director, shall file with the research and economic analysis division of the department, on forms furnished by the department showing separately for each county and for the islan…

§486J-5.5 Energy data collection program. The department shall establish the energy data collection program that includes development and maintenance of an energy database system that meets the requirements of government and industry, while promoting sound policy making, greenhou…

§486J-6 Confidential information. (a) Statements provided to the department pursuant to section 486J-3 and the data contained therein shall be deemed confidential and exempt from public disclosure under chapter 92F. (b) No data or information submitted to the department shall be …

§486J-7 Confidential information obtained by another state agency. Any confidential information pertinent to the responsibilities of the commission or the department specified in this chapter that is obtained by another state agency, including the department of taxation, the atto…

§486J-9 Failure to timely provide information; failure to make and file statements; false statements; penalties; referral to the attorney general. (a) The department shall notify those persons who have failed to timely provide the information specified in section 486J-3 or reques…

§486K-1 Definitions. As used in this chapter, the following terms shall have the following meanings: "Guest" means a person who is registered at the hotel and to whom a bedroom is assigned. The term "guest" shall include not only the guest, but the members of the guest's family a…

[§486K-10] Registration required. Every keeper covered by this chapter shall keep and maintain or cause to be maintained a register in which shall be inscribed the name of each and every guest renting or occupying a bedroom or apartment in such hotel. Such register shall be prese…

§486K-2 Hotelkeeper's lien on baggage, etc., of guests; summary ejectment of delinquents. All hotelkeepers shall have a lien on all baggage and other property in the possession of the hotel belonging to guests at the hotel, for the amount of their proper charges against guests fo…

§486K-3 Sale of detained baggage; notice; disposition of proceeds. All baggage and property so held by the keeper of the hotel, after the expiration of three months from the date of the detention, shall be sold at public auction, after notice thereof published three times in a ne…

§486K-4 Safe or security box for valuables; limitation of liability for deposited valuables. (a) If the keeper of any hotel provides a safe or vault in its office at the hotel for the safekeeping of any valuables belonging to the guests of the hotel, and prominently posts a notic…

§486K-5 Hotelkeeper's liability for personal property. (a) No hotelkeeper shall be liable in any sum to any guest of the hotel for the loss of wearing apparel, goods, merchandise, or other personal property not mentioned in section 486K-4, unless it appears that the loss occurred…