COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 84
(By Senators Minard and Sharpe)
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[Originating in the Committee on the Judiciary;
reported February 26, 1993.]
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A BILL to amend and reenact section one hundred two, article
seven, chapter forty-six-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the consumer credit and protection act; and providing a
defense to persons who rely upon formal opinions of the
attorney general and examination reports and declaratory
rulings issued by the commissioner of banking.
Be it enacted by the Legislature of West Virginia:
That section one hundred two, article seven, chapter forty-
six-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 7. ADMINISTRATION.
§46A-7-102. Power of attorney general; reliance on rules of
attorney general or commissioner of banking; duty to report.
(1) In addition to other powers granted by this chapter, the
attorney general within the limitations provided by law may:
(a) Receive and act on complaints, take action designed to
obtain voluntary compliance with this chapter or commence
proceedings on his own initiative;
(b) Counsel persons and groups on their rights and duties
under this chapter;
(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 chapter and make the results available to the
public;
(e) Adopt, amend and repeal such reasonable rules and
regulations, in accordance with the provisions of chapter twenty-
nine-a of this code, as are necessary and proper to effectuate
the purposes of this chapter and to prevent circumvention or
evasion thereof; and
(f) Delegate his powers and duties under this chapter to
qualified personnel in his office, who shall act under the
direction and supervision of the attorney general and for whose
acts he shall be responsible.
(2) Except for refund of an excess charge, no liability is
imposed under this chapter for an act done or omitted in
conformity with a rule of the attorney general or commissioner
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amended or repealed or be determined by judicial or other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. Any form or procedure
which has been submitted to the commissioner and the attorney
general in writing and approved in writing by them shall not be
deemed a violation of the penalty provisions of this chapternotwithstanding that such approval may be subsequently amended or
rescinded or be determined by judicial or other authority to be
invalid for any reason.
(3) Except for refund of an excess charge, in any action
brought pursuant to the provisions of this chapter, it shall be
a defense that the act or omission complained of was in
conformity with a published opinion of the attorney general
issued in compliance with section one, article three, chapter
five of this code or in conformity with an examination report
issued by the commissioner to the person against whom the action
is brought pursuant to section six, article two, chapter
thirty-one-a of this code, or a declaratory ruling issued to the
person against whom the action is brought pursuant to subdivision
(9), subsection (c), section four of said.
(4) On or before the first day of December of each year, the
attorney general and commissioner shall jointly or separately
submit a report or reports to the governor and to the Legislature
on the operation of their offices, on the use of consumer credit
and on consumer protection problems 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 such report or reports, the attorney general
and commissioner are authorized to conduct research and make
appropriate studies. The report or reports shall include a
description of the examination and investigation procedures and
policies of their offices, a statement of policies followed in
deciding whether to investigate or examine the offices of credit
suppliers subject to this chapter, a statement of the number andpercentages of offices which are periodically investigated or
examined, a statement of the types of consumer credit and
consumer protection problems of both creditors and consumers
which have come to their attention through their examinations and
investigations and the disposition of them under existing law,
and a general statement of the activities of their offices and of
others to promote the purposes of this chapter.
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(NOTE: The purpose of this bill is to expand immunity from
legal liability under the Consumer Credit and Protection Act for
persons who rely upon interpretations, written notices, findings,
opinions or examination reports of the West Virginia Attorney
General or any of its commissioners.)