Sec.42-231-2. Registry of sellers  


Latest version.
  • (a) When the governor's order that a product or service be rationed in an emergency region becomes effective, the order and the written findings made pursuant to Public Act No. 91-367, Section 1 (a) shall be delivered to the commissioner.

    (b) Upon receipt of the order and findings, the commissioner shall investigate the matter, using whatever administrative proceedings or other sources of information she deems fit and shall compile a registry of sellers.

    (c) Each seller shall register with the commissioner by providing to the commissioner the following information:

    (1) Seller's name and address of place of business;

    (2) The amount of the product or service which seller possesses or otherwise has available for sale in the emergency region; and

    (3) The seller's sales volume of the product or service immediately prior to the declaration of the supply emergency.

    (d) The commissioner shall make efforts to inform each seller of any restriction on trade in the product or service as soon as possible.

    (e) The commissioner shall, as often as she deems necessary, require sellers to report any information needed for the proper functioning of the rationing system.

    (f) During a supply emergency, the commissioner shall periodically determine the total amount of the product or service which may be traded in the emergency region. The first periodic determination shall be made as soon as practicable after the proclamation of the supply emergency.

    (g) After each such periodic determination, the commissioner shall ration the amount of the product or service which each seller may offer for sale until the next periodic determination. After each periodic determination, the commissioner shall immediately inform each seller of his ration, and of the date and time for the next periodic determination.

    (h) Neither a seller's failure to register with the commissioner in accordance with subsection (c) of this section nor the failure of the commissioner to inform a seller of any restriction on trade in the product or service in accordance with subsection (d) of this section shall exempt a seller from the requirements of subsections (e), (f), and (g) of this section.

    (i) Nothing in this section shall be construed as delaying the commissioner's immediate authority to freeze or ration trade in a product or service upon receipt of the governor's order and findings. Such authority, however, shall be limited to the emergency region.

(Effective September 23, 1992)