MARVIN MANDEL, Governor                                2065

(H) ANY WRITTEN ASSURANCE OF DISCONTINUANCE OR
SETTLEMENT AGREEMENT OR ANY CEASE AND DESIST ORDER
PROVIDED FOR BY THIS SUBHEADING MAY INCLUDE STIPULATIONS
OR CONDITIONS FOR THE PAYMENT BY THE VIOLATOR OF THE
COSTS OF INVESTIGATION BY THE DIVISION, AND MAY ALSO
INCLUDE STIPULATIONS OR CONDITIONS FOR THE RESTITUTION BY
THE VIOLATOR TO CONSUMER OF MONEY,, PROPERTY OR OTHER
THINGS RECEIVED FROM THE CONSUMER IN CONNECTION WITH A
VIOLATION OF THIS SUBHEADING. THESE STIPULATIONS AND
CONDITIONS [[SHALL}} DO NOT PRECLUDE THE DIVISION FROM
UTILIZING ANY OTHER STIPULATION, CONDITION OR REMEDY IT
DEEMS NECESSARY TO CORRECT A VIOLATION OF THIS
SUBHEADING.

20G.

(A)    [[THE DIVISION,]] WITH RESPECT TO A MATTER
WHICH IT BELIEVES MAY INVOLVE A VIOLATION OF THESE
REGULATIONS THE DIVISION, MAY HOLD A PUBLIC HEARING TO
DETERMINE [[WHETHER}} IF A VIOLATION OF THESE REGULATIONS
HAS BEEN COMMITTED. THE DIVISION SHALL SERVE UPON THE
PERSON COMPLAINED AGAINST A STATEMENT OF CHARGES AND
SHALL SERVE UPON ALL PARTIES OF RECORD A NOTICE OF THE
TIME AND PLACE OF HEARING. THE HEARING SHALL BE OPEN TO
THE PUBLIC AND SHALL BE HELD NOT LESS THAN TEN DAYS AFTER
SERVICE OF THE STATEMENT OF CHARGES. THE PARTIES OF
RECORD MAY, AT THEIR OPTION, APPEAR BEFORE THE DIVISION
IN PERSON OR BY DULY AUTHORIZED REPRESENTATIVE AND MAY
HAVE THE ASSISTANCE OF AN ATTORNEY. THE PARTIES MAY
PRESENT TESTIMONY AND EVIDENCE, AND THE RIGHT TO
CROSS-EXAMINE WITNESSES SHALL BE PRESERVED. ALL
TESTIMONY AND EVIDENCE SHALL BE GIVEN UNDER OATH OR BY
AFFIRMATION AND MAY BE REQUIRED BY THE ISSUANCE OF A
SUBPOENA SIGNED BY THE DIVISION. IRRELEVANT, UNDULY
REPETITIOUS OR PROTRACTED TESTIMONY AND EVIDENCE [[SHALL

NOT BE]] IS NOT PERMITTED. HEARINGS MAY BE LIMITED BY

THE DIVISION", PROVIDED THE PARTIES ARE SO NOTIFIED PRIOR
TO THE HEARING. THE DIVISION SHALL KEEP A FULL RECORD OF

THE HEARING[[, WHICH RECORD SHALL BE PUBLIC AND]] . THE

RECORD SHALL BE OPEN TO INSPECTION BY ANY PERSON[[, AND]]
. UPON REQUEST BY ANY INTERESTED PARTY TO THE PROCEEDING,
THE DIVISION SHALL FURNISH THE PARTY A COPY OF THE
HEARING RECORD AT A COST THE DIVISION DEEMS APPROPRIATE.

(B)    IF, AT THE CONCLUSION OF THE HEARING, THE
DIVISION DETERMINES, UPON THE PREPONDERANCE OF
[[TESTIMONY AND]] EVIDENCE, THAT THE PERSON COMPLAINED
AGAINST HAS VIOLATED THESE REGULATIONS, THE DIVISION
SHALL STATE ITS FINDINGS AND ISSUE AN ORDER REQUIRING THE
PERSON COMPLAINED AGAINST TO CEASE AND DESIST FROM THE
UNLAWFUL CONDUCT OR PRACTICE AND TO TAKE AFFIRMATIVE
ACTION, INCLUDING BUT NOT LIMITED TO AN ORDER FOR
RESTITUTION OF MONEY OR PROPERTY, AS WILL EFFECTUATE THE
PURPOSES OF THIS SUBHEADING, WITH NOTICE THAT IF THE