537.6104 Powers of administrator — reliance on rules — duty to report.
1. The administrator, within the limitations provided by law, may:
a. Receive and act on complaints.
b. Take action designed to obtain voluntary compliance with this chapter.
c. Commence proceedings on the administrator’s own initiative.
d. Counsel persons and groups on their rights and duties under this chapter.
e. Establish programs for the education of consumers with respect to credit practices and problems.
f. Make studies appropriate to effectuate the purposes and policies of this chapter and make the results available to the public.
g. Maintain offices within this state.
2. The administrator may enforce the Truth in Lending Act to the fullest extent provided by law.
3. To keep the administrator’s rules in harmony 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 chapter, shall do both of the following:
a. Before adopting, amending and repealing rules, advise and consult with administrators in other jurisdictions which enact the uniform consumer credit code.
b. In adopting, amending, and repealing rules, take into consideration 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 chapter for an act done or omitted in conformity with a rule or declaratory ruling of the administrator, notwithstanding that after the act or omission the rule or declaratory ruling is amended or repealed or determined by judicial or other authority to be invalid for any reason.
5. The administrator shall report annually on or before January 1 to the general assembly on the operation of the consumer credit protection bureau and the other agencies of this state charged with administering this chapter, 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 may conduct research and make appropriate studies. The report shall include, for the consumer credit protection bureau and for other state agencies enforcing this chapter, a description of the examination and investigation procedures and policies, 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 and percentages of offices which are periodically investigated or examined, a statement of the types of consumer credit problems of both creditors and consumers which have come to the administrator’s attention through the administrator’s examinations and investigations and the disposition of them under existing law, and recommendations, if any, for legislation to deal with those problems within the administrator’s general jurisdiction, a statement of the extent to which the rules of the administrator pursuant to this chapter are not in harmony with the rules of administrators in other jurisdictions which enact the uniform consumer credit code and the reasons for the variations, and a general statement of the activities of the administrator’s office and of others to promote the purposes of this chapter. The report shall not identify the creditors against whom action is taken.
[C75, 77, 79, 81, §537.6104]
91 Acts, ch 118, §4; 92 Acts, ch 1035, §1