§ 12-1018.1. Civil penalties -- Exception.

   (a) "Commissioner" defined. -- In this section, "Commissioner" means the Commissioner of Financial Regulation.

(b) In general. -- Except as provided in subsection (c) of this section, the penalty provided under § 12-1018(a)(2) of this subtitle does not apply if a credit grantor:

   (1) Performed or omitted to perform an act in conformity with or in reliance upon:

      (i) A written opinion of the Attorney General of Maryland or a regulation adopted by the Commissioner;

      (ii) A written opinion by the Commissioner or the Deputy Commissioner; or

      (iii) An interpretation by the Commissioner in a written notice or examination report; or

   (2) Used a form or procedure that has been approved in writing by the Commissioner and the Attorney General.

(c) Exceptions. -- The provisions of subsection (b) of this section do not apply to an act or omission to act that occurs after:

   (1) The opinion, regulation, or interpretation relied on is amended, repealed, or determined to be invalid for any reason by any judicial or other authority; or

   (2) Approval for a form or procedure is amended, rescinded, or determined to be invalid for any reason by any judicial or other authority.

(d) Construction. -- This section may not be construed to:

   (1) Limit the imposition of any civil or criminal penalty for a knowing or willful violation of this subtitle; or

   (2) Limit the power of the Commissioner or the courts to order a refund to a borrower of moneys collected in violation of this subtitle.

HISTORY: 2008, ch. 34, § 2; ch. 35, § 2.