1948                                                  LAWS OF MARYLAND                             [Ch. 573

PERSON ALLEGED TO HAVE COMMITTED THE PARTICULAR TRADE
PRACTICE AND ANY OTHER INFORMATION REQUIRED BY THE BOARD.

(R) (1) UPON THE FILING OF A COMPLAINT THE BOARD
SHALL MAKE ANY INVESTIGATION IT DEEMS APPROPRIATE TO
ASCERTAIN FACTS AND ISSUES. WHENEVER APPROPRIATE THE
BOARD 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 BOARD
DETERMINES THERE ARE REASONABLE GROUNDS TO BELIEVE AN
UNLAWFUL, UNFAIR OR DECEPTIVE TRADE PRACTICE HAS OCCURRED,
IT SHALL ATTEMPT TO CONCILIATE THE MATTER BY METHODS OF
INITIAL CONFERENCE AND PERSUASION WITH ALL INTERESTED
PARTIES AND ANY REPRESENTATIVES AS THE PARTIES MAY CHOOSE
TO ASSIST THEM. CONCILIATION CONFERENCES SHALL BE
INFORMAL AND NOT PUBLIC.

(2)    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 BOARD BY THE EXECUTIVE DIRECTOR OF THE
BOARD.

(3)    NO PERSON MAY VIOLATE OR FAIL TO ADHERE
TO ANY PROVISION CONTAINED IN A WRITTEN ASSURANCE OR
AGREEMENT OF DISCONTINUANCE OR SETTLEMENT AGREEMENT. ANY
FAILURE BY THE BOARD TO ENFORCE A VIOLATION OF ANY
PROVISION OF A WRITTEN ASSURANCE SHALL NOT CONSTITUTE A
WAIVER OF ANY RIGHT OF THE BOARD OR PROVISION OF THE
AGREEMENT. A PERSON WHO VIOLATES THIS SECTION SHALL BE
LIABLE FOR PAYMENT TO THE COUNTY OF A CIVIL PENALTY,
RECOVERABLE IN A CIVIL ACTION, NOT EXCEEDING $500 FOR
EACH VIOLATION.

(S) IF THE BOARD FAILS TO CONCILIATE A COMPLAINT
AFTER THE PARTIES HAVE, IN GOOD FAITH, ATTEMPTED A
CONCILIATION; OR, FAILS TO EFFECT AN ASSURANCE OF
DISCONTINUANCE OR SETTLEMENT AGREEMENT; OR, DETERMINES
THAT A COMPLIANT IS NOT SUSCEPTIBLE OF CONCILIATION, HE
SHALL TRANSMIT THE MATTER TO THE COUNTY ATTORNEY FOR
APPROPRIATE LEGAL ACTION.

(T) NOTHING IN THIS SUBTITLE SHALL PREVENT ANY
PERSON FROM EXERCISING ANY RIGHT OR SEEKING ANY REMEDY TO
WHICH HE MIGHT OTHERWISE BE ENTITLED OR FROM FILING ANY
COMPLAINT WITH ANY OTHER AGENCY, COURT OF LAW OR EQUITY.