TITLE 5

Businesses and Professions

CHAPTER 5-82

Home Heating Oil Sales

SECTION 5-82-1



   § 5-82-1  Requirements for guaranteed price

plans, price protection and prepaid contracts. –

(a) A contract for the retail sale of home heating oil that offers a guaranteed

price plan, including a ceiling price cap plan contract and any other similar

plan, must be disclosed in a way to clearly define the terms and conditions of

the price plan. The disclosure of terms and conditions must be in plain

language, must immediately follow the language concerning the price or service

that could be affected and must be, if initiated verbally, confirmed in writing

no more than fourteen (14) days from the initiation date using no less than

twelve (12) point boldface type of uniform font. The disclosure of terms and

conditions, must include, but not be limited to, any additional fees or costs

for securing the guaranteed price, as well as, any early termination fees.



   (b) A solicitation for the retail sale of home heating oil

that offers a guaranteed price plan, including a ceiling price cap plan and any

other similar plan, must be confirmed in writing, no more than fourteen (14)

days from the solicitation date, and the terms and conditions of that offer

must be disclosed in plain language.



   (c) A home heating oil dealer that pays for media or print

advertising of a price shall offer said price for a period of no less than

twenty-four (24) hours, or until the next advertised price is so publicized,

whichever occurs first.



   (d) No prepaid home heating oil contract shall require any

consumer commitment to purchase home heating oil pursuant to the terms of such

contract for a period of more than twelve (12) months.



   (e) Any violation of this chapter shall render the terms and

conditions of the aforementioned contract null and void.



History of Section.

(P.L. 2009, ch. 125, § 1; P.L. 2009, ch. 138, § 1.)