West Virginia Code § 46A-7-102

Power of Attorney General; reliance on rules of Attorney General or
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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 and leasing
practices and problems;
(d) Make studies appropriate to effectuate the purposeas 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 Lan 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notwithstanding that after the act or omission the rule may be amended or repealed or be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
chapter notwithstanding that such approval may be subsequently amended or rescinded or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 article.
(4) On or before December 1, 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 and percentages of officees which are
periodically investigated or examined, a statement of the types of consumer credit and
consumer protection problems of both creditors and consumers which rhave 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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