Sec. 36a-682. (Formerly Sec. 36-400). Compliance of governmental instruments. Exemptions from penalties.
Sec. 36a-682. (Formerly Sec. 36-400). Compliance of governmental instruments. Exemptions from penalties. (a) Any department or agency of the state or any
political subdivision thereof which administers a credit program in which it extends,
insures or guarantees consumer credit and in which it provides instruments to a creditor
which contain any disclosures required by sections 36a-675 to 36a-685, inclusive, shall,
prior to the issuance or continued use of such instruments, consult with the commissioner
to assure that such instruments comply with said sections.
(b) No civil or criminal penalty provided under sections 36a-675 to 36a-685, inclusive, for any violation thereof may be imposed upon this state or any other state, or any
political subdivision thereof, or any department or agency of any such state or political
subdivision.
(c) A creditor shall not be held liable for a civil or criminal penalty under sections
36a-675 to 36a-685, inclusive, in any case in which the violation results from the use
of an instrument required by any department or agency of: (1) The United States, with
regard to any transaction which is part of a credit program administered, insured or
guaranteed by such department or agency; or (2) this state or of any political subdivision
of this state, with regard to any transaction which is part of a credit program administered,
insured or guaranteed by such department or agency, provided that such department or
agency has consulted with the commissioner to assure that such instrument complies
with said sections as provided in subsection (a) of this section.
(d) A creditor shall not be held liable for a civil or criminal penalty under the laws
of this state for any technical or procedural failure, such as a failure to use a specific
form, to make information available at a specific place on an instrument, or to use a
specific typeface, as required by the laws of this state, which is caused by the use of an
instrument required to be used by any department or agency of: (1) The United States
with regard to any transaction which is part of a credit program administered, insured
or guaranteed by such department or agency; or (2) this state or any political subdivision
of this state, with regard to any transaction which is part of a credit program administered,
insured or guaranteed by such department or agency, provided that such department or
agency has consulted with the commissioner to assure that such instrument complies
with sections 36a-675 to 36a-685, inclusive, as provided in subsection (a) of this section.
(1969, P.A. 454, S. 8; P.A. 81-158, S. 7, 17; P.A. 82-18, S. 2, 4; P.A. 96-109, S. 13; 96-180, S. 118, 166.)
History: P.A. 81-158 added Subsec. (a) to provide that any department, agency or political subdivision of the state
consult with the commissioner to assure that the instruments it provides to a creditor comply with this chapter, clarified
the governmental exemptions from penalties in Subsec. (b), and added Subsecs. (c) and (d) to provide that a creditor is
not liable in certain cases where the violation results from the use of an instrument required by a federal department or
agency or the state or a political subdivision of the state, effective March 31, 1982; P.A. 82-18 changed effective date of
P.A. 81-158 from March 31, 1982, to "the effective date of Title VI of Public Law 96-221, as contained in Section 625(a)
of Public Law 96-221, as amended", i.e. October 1, 1982; Sec. 36-400 transferred to Sec. 36a-682 in 1995; P.A. 96-109
and 96-180 both substituted "36a-675 to 36a-685" for "36a-665 to 36a-675", where appearing, effective June 3, 1996;
(Revisor's note: In 1997 the word "as" was reinstated editorially by the Revisors at the end of Subsec. (d) before the phrase
"... provided in subsection (a) of this section." thereby correcting an omission which occurred in the preparation of the
1995 revision).