TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 46

ADMINISTRATION

PART 1.

POWERS AND FUNCTIONS OF ADMINISTRATOR

28-46-104.  Powers of administrator — Reliance on rules — Duty to report. (1) In addition to other powers granted by this act, the administrator within the limitations provided by law may:

(a)  Receive and act on complaints, take action designed to obtain voluntary compliance with this act, or commence proceedings on his own initiative;

(b)  Counsel persons and groups on their rights and duties under this act;

(c)  Establish programs for the education of debtors with respect to credit practices and problems;

(d)  Make studies appropriate to effectuate the purposes and policies of this act and make the results available to the public;

(e)  Adopt, amend, and repeal rules to carry out the specific provisions of this act, but not with respect to unconscionable agreements or fraudulent or unconscionable conduct; and

(f)  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 act, the administrator shall have the power to enforce the Federal Consumer Credit Protection Act, except to the extent otherwise provided by law.

(3)  Except for refund of an excess charge, no liability is imposed under this act for an act done or omitted in conformity with a rule, interpretation, or declaratory ruling of the administrator, notwithstanding that after the act or omission, the rule, interpretation, or ruling is amended or repealed or is determined by judicial or other authority to be invalid for any reason.

History:

[28-46-104, added 1983, ch. 119, sec. 3, p. 300.]