Ch. 404                                         1993 LAWS OF MARYLAND

(2)       (I) IF THE COMMISSIONER FINDS THAT THE ACT OR PRACTICE
DESCRIBED IN PARAGRAPH (l) OF THIS SUBSECTION RESULTED IN THE CREDIT
GRANTOR COLLECTING AN AMOUNT FROM THE COMPLAINING PARTY NOT
PERMITTED UNDER THIS SUBTITLE, THE COMMISSIONER MAY DIRECT THE CREDIT
GRANTOR TO MAKE A REFUND TO THE COMPLAINING PARTY.

(II) THE COMMISSIONER MAY DIRECT A REFUND ONLY UP TO THE
AMOUNT COLLECTED BY THE CREDIT GRANTOR FROM THE COMPLAINING PARTY
THAT:

1. EXCEEDS THE AMOUNT EXPRESSLY PERMITTED UNDER
THIS SUBTITLE; OR

2: THE CREDIT GRANTOR IS EXPRESSLY NOT PERMITTED
TO COLLECT.

(3)       (I) IF AN ORDER ISSUED UNDER THIS SECTION DIRECTS THE
CREDIT GRANTOR TO MAKE A REFUND AS AUTHORIZED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE CREDIT GRANTOR MAY MAKE THE REFUND BEFORE THE ORDER
BECOMES FINAL.                             

(II)     IF A CREDIT GRANTOR MAKES THE REFUND DIRECTED BY THE
COMMISSIONER'S ORDER, THE ORDER FOR THE REFUND SHALL NOT BECOME FINAL
AND SHALL BE WITHDRAWN BY THE COMMISSIONER.

(III)    ANY ORDER WITHDRAWN BY THE COMMISSIONER MAY NOT
BE CONSIDERED EVIDENCE OF THE COMMISSIONER'S INTERPRETATION OF THIS
SUBTITLE.                                                                                                     

[(2)] (4) The order of the Commissioner shall comply with the
Administrative Procedure Act of the Code.

(d)      (1) If no appeal is filed, the order becomes final after expiration of the time
allowed by the Administrative Procedure Act for appeals from the Commissioner's
orders.

(2) If an appeal is filed, the order becomes final after final decision of the
court affirming the order or dismissing the appeal.

(e)      For purposes of this section[, the Commissioner's jurisdiction may]:

(1)      "COMPLAINING PARTY" MEANS AN INDIVIDUAL WHO FILES A
WRITTEN COMPLAINT WITH THE COMMISSIONER PURSUANT TO THIS SECTION.

(2)      "COMMISSIONER!" MEANS, AND THE RIGHTS OF THE
"COMMISSIONER" VEST EXCLUSIVELY IN, THE BANK COMMISSIONER IF THE
COMPLAINT IS FILED AGAINST A BANKING INSTITUTION OR A STATE-CHARTERED
BANK, TRUST COMPANY, SAVINGS BANK, OR CREDIT UNION.                     

(3)      THE JURISDICTION OF THE COMMISSIONER OF CONSUMER CREDIT
DOES not apply to any:

[(1)](I) Incorporated bank, savings institution, or trust company;

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