WILLIAM DONALD SCHAEFER, Governor                           S.B. 329

(3)       (I) IF A COMPLAINING PARTY PROVIDES A WRITTEN ELECTION
AND WAIVER AS DESCRIBED IN PARAGRAPH (2)(II) OF THIS SUBSECTION, THE
COMPLAINING PARTY SHALL BE PRECLUDED FROM RAISING OR ASSERTING
AGAINST THE CREDIT GRANTOR IN ANY SUBSEQUENT FORUM ANY CLAIM,
DEFENSE, SETOFF, RECOUPMENT, PENALTY FOR VIOLATION, OR RIGHT OF ANY
KIND BASED ON THE MATTERS ADDRESSED IN THE COMPLAINT OR THE HEARING.

(II) THE PRECLUSION IN SUBPARAGRAPH (I) OF THIS PARAGRAPH
DOES NOT APPLY TO AN APPEAL FROM THE ORDER OF THE COMMISSIONER
RESULTING FROM THE HEARING.

(4)      IF A COMPLAINING PARTY FAILS TO PROVIDE A WRITTEN ELECTION
AND WAIVER AS DESCRIBED IN PARAGRAPH (2) (II) OF THIS SUBSECTION, THE
COMMISSIONER SHALL NOT SCHEDULE A HEARING ON THE COMPLAINT.

(c) (1) If, after the hearing, the Commissioner finds that the credit grantor has
engaged or is engaging in any act or practice prohibited by this subtitle, the Commissioner
shall order the [person] CREDIT GRANTOR to cease and desist from the act or practice.

(2)       (I) IF THE COMMISSIONER FINDS THAT THE ACT OR PRACTICE
DESCRIBED IN PARAGRAPH (1) 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AND SHALL BE WITHDRAWN BY THE COMMISSIONER.

(III)    ANY ORDER WITHDRAWN BY THE COMMISSIONER MAY NOT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.

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