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Session Laws, 1972
Volume 708, Page 1189   View pdf image
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Marvin Mandel, Governor                       1189

an injunction, the complainant shall be awarded costs and reasonable
attorney's fees. In an action for damages, if injury is found to be
due to a violation of Section 38 of this subtitle, the person injured
shall be awarded three times the amount of actual damages resulting
from that violation, together with costs and reasonable attorney's fee.
This State, the counties, municipalities, townships and any political
subdivision organized under the authority of this State, and the
United States, shall be considered a person having standing to bring
an action under this subsection. The Attorney General may bring an
action on behalf of this State, the counties, municipalities, townships
and other political subdivisions organized under the authority of this
State to recover the damages provided for by this subsection, or by
any other comparable provision of Federal law.

42. Cumulative Remedies.

The remedies provided in this subtitle shall be cumulative.

43. Assurance of discontinuance of prohibited actApproval of
court
Not considered admission.

In the enforcement of this subtitle, the Attorney General may ac-
cept an assurance of discontinuance of any act or practice deemed
in violation of this subtitle, from any person engaging in, or who
has engaged in, such act or practice. Any such assurance shall be
in writing and be filed with and subject to the approval of the Circuit
Court where the alleged violator resides or has his principal place
of business.

Such assurance of discontinuance shall not be considered an admis-
sion of a violation for any purpose; however, proof of failure to
comply with the assurance of discontinuance shall be prima facie
evidence of a violation of this subtitle.

44. Demand to produce documentary materials for inspection
ContentsServiceUnauthorized disclosureReturnModi-
fication, Vacation
UsePenalty.

(1)    Whenever the Attorney General believes that any person may
be in possession, custody, or control of any original or copy of any
book, record, report, memorandum, paper, communication, tabulation,
map, chart, photograph, mechanical transcription, or other tangible
document or recording, wherever situate, which he believes to be
relevant to the subject matter of an investigation of a possible viola-
tion of this subtitle, he may, prior to the institution of a civil pro-
ceeding thereon, execute in writing and cause to be served upon such a
person, a civil investigative demand requiring such person to produce
such documentary material and permit inspection and copying:

Provided, that this section shall not be applicable to criminal prose-
cutions.

(2)    Each such demand shall:

(a)    state the statute and section or sections thereof, the alleged
violation of which is under investigation, and the general subject
matter of the investigation;

(b)    describe the class or classes of documentary material to be
produced thereunder with reasonable specificity so as fairly to indicate
the material demanded;


 

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Session Laws, 1972
Volume 708, Page 1189   View pdf image
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