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PARRIS N. GLENDENING, Governor Ch. 500
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(1) by mediation with the apparent violators and any representatives
they may choose to assist them, enter into a written assurance of discontinuance,
written assurance of voluntary compliance, or other settlement agreement with the
apparent violators, in accordance with subsection (c) of this section;
(2) summarily issue a cease and desist order to the violator, if the
Secretary of State:
(i) finds that this title has been violated and that the public health,
safety, or welfare requires emergency action; and
(ii) gives the violator written notice of the order, the reasons for the
order, and the right of the violator to request a hearing under subsection (g) of this
section; or
(3) refer the matter to:
(i) the Attorney General for civil enforcement; or
(ii) the appropriate State's Attorney for prosecution.
(c) A settlement agreement under subsection (b)(1) of this section may include
one or more of the following stipulations or conditions:
(1) payment by the apparent violator of the cost of the investigation;
(2) payment by the apparent violator of civil penalties a court could order
under this title;
(3) payment by the apparent violator of refunds to donors a court could
order under this title;
(4) payment by the apparent violator of contributions received to
charitable OR PUBLIC SAFETY beneficiaries or for charitable OR PUBLIC SAFETY
purposes consistent with the beneficiaries named or purposes represented in the
charitable OR PUBLIC SAFETY solicitations which generated the contributions; or
(5) any other stipulation, condition, or remedy that will correct a
violation of this title.
(d) An agreement under this section is for conciliation purposes only and does
not constitute an admission by any party that the law has been violated.
(e) (1) It is a violation of this title to fail to adhere to any provision
contained in a settlement agreement.
(2) A failure of the Secretary of State to enforce a violation of any
provision of a settlement agreement does not constitute a waiver of that or any other
provision, or of any right of the Secretary of State.
(f) On referral by the Secretary of State, the Attorney General may sue in the
Circuit Court for Anne Arundel County for an order that:
(1) restrains further violation of this title;
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- 2665 -
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