3052

COUNTY LOCAL LAWS

PRACTICE AS SET FORTH IN SECTION 118-4 OF THIS ACT OR
THE EXECUTIVE DIRECTOR MAY FILE A COMPLAINT IN WRITING
WHICH SHALL STATE THE NAME AND ADDRESS OF THE PERSON
ALLEGED TO HAVE COMMITTED THE VIOLATION COMPLAINED OF
AND THE PARTICULARS THEREOF, AND SUCH OTHER
INFORMATION AS MAY BE REQUIRED BY THE OFFICE.

118-7. PROCEDURES AND ENFORCEMENT.

(A)    UPON THE FILING OF A COMPLAINT AS SET
FORTH IN SECTION 118-6, THE EXECUTIVE DIRECTOR OF THE
OFFICE SHALL MAKE SUCH INVESTIGATION AS HE DEEMS
APPROPRIATE TO ASCERTAIN FACTS AND ISSUES. IN MAKING
SUCH INVESTIGATIONS AND DETERMINATIONS HE MAY USE THE
AUTHORITY GRANTED TO THE OFFICE IN SECTION 118-2 OF
THIS ACT. WHENEVER IN HIS OPINION APPROPRIATE, THE
EXECUTIVE DIRECTOR SHALL REFER A COMPLAINT TO THE
STATE CONSUMER PROTECTION DIVISION OF THE STATE
ATTORNEY GENERAL'S OFFICE OR TO THE FEDERAL TRADE
COMMISSION. IF THE EXECUTIVE DIRECTOR DETERMINES THAT
THERE ARE REASONABLE GROUNDS TO BELIEVE A VIOLATION
HAS OCCURRED, HE SHALL ATTEMPT TO CONCILIATE THE
MATTER BY METHODS OF INITIAL CONFERENCE AND PERSUASION
WITH ALL INTERESTED PARTIES AND SUCH REPRESENTATIVES
AS THE PARTIES MAY CHOOSE TO ASSIST THEM. IN
ATTEMPTING SUCH CONCILIATION TO ASSIST A COMPLAINING
CONSUMER IN RESOLVING HIS INDIVIDUAL DISPUTE, HE MAY
UTILIZE THE GOOD OFFICES OF THE ADVISORY COMMITTEE ON
CONSUMER AFFAIRS. CONCILIATION CONFERENCES SHALL BE
INFORMAL, AND NOTHING SAID OR DONE DURING SUCH INITIAL
CONFERENCES SHALL BE MADE PUBLIC BY THE OFFICE, THE
COMMITTEE OR ITS MEMBERS UNLESS THE PARTIES AGREE
THERETO IN WRITING.

(B)    THE TERMS OF CONCILIATION AGREED TO
BY THE PARTIES MAY BE REDUCED TO WRITING AND
INCORPORATED INTO A WRITTEN ASSURANCE OF
DISCONTINUANCE OR SETTLEMENT AGREEMENT TO BE SIGNED BY
THE PARTIES, WHICH WRITTEN ASSURANCE OR AGREEMENT IS
FOR CONCILIATION PURPOSES ONLY AND DOES NOT CONSTITUTE
AN ADMISSION BY ANY PARTY THAT THE LAW HAS BEEN
VIOLATED. A WRITTEN ASSURANCE OF DISCONTINUANCE OR
SETTLEMENT AGREEMENT SHALL BE SIGNED ON BEHALF OF THE
OFFICE BY THE EXECUTIVE DIRECTOR OF THE OFFICE.

(C)    IT SHALL BE A VIOLATION OF THIS ACT
TO VIOLATE OR FAIL TO ADHERE TO ANY PROVISION
CONTAINED IN A WRITTEN ASSURANCE OR AGREEMENT OF
DISCONTINUANCE OR SETTLEMENT AGREEMENT. ANY FAILURE
BY THE OFFICE TO ENFORCE A VIOLATION OF ANY PROVISION