(a) There is hereby created an Advisory Board on Consumer Affairs, which shall be appointed by the Director of Community Development upon the recommendation of the Chief Inspector and with the approval of the Mayor, to act in an advisory capacity on consumer protection.
(b) The Advisory Board shall consist of not less than seven members, who shall be residents of the City and shall have the following qualifications, in addition to an adequate background in fields relating to consumer protection problems:
(1) At least one member shall be an attorney.
(2) At least one member shall be an accountant or a person holding an advanced degree in economics.
(3) At least one member shall have had at least five years' business or administrative experience in the ownership or management of a commercial enterprise, or hold an advanced degree in business administration.
(4) At least two members shall be active in consumer affairs.
(5) At least two members shall be representatives of the general public.
(c) The members of the Advisory Board shall serve without compensation and shall not have a substantial ownership interest in any business subject to regulations by this chapter. The first three members appointed shall continue in office for terms of three years, the next two members for terms of two years, the next two for terms of one year, respectively, and all other members in excess of seven shall serve for an initial term of one year, but all successors shall be appointed for terms of three years. Provided, however, that upon the expiration of his term a member shall continue to serve until his successor has been appointed.
(d) The Advisory Board shall elect its own chairman annually, and the Chief Inspector shall serve as secretary and provide such other administrative services as may be necessary. Any member of the Board may be removed by the Director upon a showing of inefficiency, neglect of duty or malfeasance. The nonattendance at three consecutive Board meetings without good cause shall be presumed to be such neglect of duty as to warrant removal. Meetings of the Board shall be held at least once each calendar quarter at a time and place to be designated by the chairman. The Chief Inspector shall give a report of his operations at such meeting.
(e) The duty of the Advisory Board shall be to consult with and advise the Chief Inspector, but not to direct his conduct of the consumer protection program of the City. The Advisory Board may make such recommendations as to operations of the consumer protection program and amendment of or additions to substantive ordinances and regulations of the City as it deems appropriate in writing, and a copy thereof shall be forwarded to the Mayor, Clerk of Council. Recommendations as to amendment of or additions to ordinances or regulations shall be forwarded to the chairman of the Consumer Protection Committee of Council for consideration by that Committee. The Advisory Board shall prepare and adopt its own regulations and procedures which shall be approved by the Department of Law and shall be effective thirty days after publication in the Toledo City Journal.
(f) The Advisory Board at the request of the Chief Inspector, upon the petition of ten or more consumers or upon its own initiative shall recommend to the Director of Community Development or to Council for passage rules, regulations and ordinances declaring specific practices in consumer transactions to be unconscionable and prohibiting the use thereof. In recommending such action, the Board shall consider among other things:
(1) The degree to which the practice unfairly takes advantage of the lack of knowledge, ability, experience or capacity of consumers;
(2) Knowledge by those engaging in the practices of the inability of consumers to receive benefits properly anticipated from the goods or services involved;
(3) Gross disparity between the price of goods or services and their value as measured by the price at which similar goods or services are readily obtainable by other consumers or by other tests of true value;
(4) The fact that the practice may enable suppliers to take advantage of the inability of consumers reasonably to protect their interests by reason of physical or mental infirmities, illiteracy or inability to understand the language of the agreement, ignorance or lack of education or similar factors;
(5) The degree to which terms of the transaction require consumers to jeopardize money or property beyond the money or property immediately at issue in the transaction;
(6) The degree to which the natural effect of the practice is to cause or aid in causing consumers to misunderstand the true nature of the transaction or their rights and duties thereunder;
(7) The extent or degree to which the writing purporting to evidence the obligation of the consumer in the transaction contains terms or provisions or authorizes practices prohibited by law; and
(8) Definitions of unconscionability in statutes, regulations, rulings and decisions of legislative, administrative or judicial bodies in this State or elsewhere.
(g) All meetings of the Advisory Board shall be open to the public, and the Advisory Board may conduct such public hearings as it deems appropriate dealing with all matters involving consumer protection.
(h) The Chief Inspector may call public meetings of the Advisory Board for the consideration of the affairs of his Division, and the Chief Inspector shall be chairman of such meetings.
(i) All evidence adduced at any public hearings shall be under oath administered by the chairman of the hearing, and a record of all hearings shall be maintained.
(1952 Code § 26-7-40)