§ 37-6-104 — Powers of administrator; harmony with Federal regulations; reliance on rules; duty to report.

(1) In addition to other powers granted by this title, the administrator within the limitations provided by law, may: (a) receive and act on complaints, take action designed to obtain voluntary compliance with this title, or commence proceedings on his own initiative; (b) counsel persons and groups on their rights and duties under this title; (c) establish programs for the education of consumers with respect to credit practices and problems; (d) make studies appropriate to effectuate the purposes and policies of this title and make the results available to the public; (e) adopt, amend, and repeal substantive rules when specifically authorized by this title, and adopt, amend, and repeal procedural rules to carry out the provisions of this title; (f) maintain offices within this State; and (g) appoint any necessary attorneys, hearing examiners, clerks, and other employees and agents and fix their compensation, and authorize attorneys appointed under this section to appear for and represent the administrator in court. (2) In addition to other powers granted by this title, the administrator shall enforce the Federal Truth in Lending Act to the fullest extent provided by law. (3) To keep the administrator's rules in harmony with the Federal Consumer Credit Protection Act and the regulations prescribed from time to time pursuant to that Act by the Board of Governors of the Federal Reserve System and with the rules of administrators in other jurisdictions which enact the Uniform Consumer Credit Code. The administrator, so far as is consistent with the purposes, policies and provisions of this title, shall: (a) Before adopting, amending, and repealing rules, advise and consult with administrators in other jurisdictions which enact the Uniform Consumer Credit Code; and (b) In adopting, amending, and repealing rules, take into consideration: (i) the regulations so prescribed by the Board of Governors of the Federal Reserve System; and (ii) the rules of administrators in other jurisdictions which enact the Uniform Consumer Credit Code. (4) Except for refund of an excess charge, no liability is imposed under this title for an act done or omitted in conformity with a rule of the administrator notwithstanding that after the act or omission the rule may be amended or repealed or be determined by judicial or other authority to be invalid for any reason. (5) The administrator shall report annually on or before January first to the Governor and legislature on the operation of his office, on the use of consumer credit in the State, and on the problems of persons of small means obtaining credit from persons regularly engaged in extending sales or loan credit. For the purpose of making the report, the administrator is authorized to conduct research and make appropriate studies, the report shall include a description of the examination and investigation procedures and policies of his office, a statement of policies followed in deciding whether to investigate or examine the offices of credit suppliers subject to this title, a statement of the number and percentages of offices which are periodically investigated or examined, a statement of the types of consumer credit problems of both creditors and debtors which have come to his attention through his examinations and investigations and the disposition of them under existing law, a statement of the extent to which the rules of the administrator pursuant to this title are not in harmony with the regulations prescribed by the Board of Governors of the Federal Reserve System pursuant to the Federal Consumer Credit Protection Act or the rules of administrators in other jurisdictions which enact the Uniform Consumer Credit Code and the reasons for such variations, and a general statement of the activities of his office and of others to promote the purposes of this title. The report shall not identify the creditors against whom action is taken by the administrator. (6) The administrator shall not bring class actions, initiate criminal actions or seek injunctive relief, as provided in this title, without prior approval of a majority of the Commission on Consumer Affairs, exclusive of members who are associated with any such business within the meaning of Section 8-13-20.

Legislative History

HISTORY: 1962 Code SECTION 8-800.374; 1974 (58) 2879; 1976 Act No. 686 SECTION 43; 1982 Act No. 385, SECTION 51.