MARVIN MANDEL, Governor

539

(A)   DIVISION TO SEEK CONCILIATION.

(1)   IF THE DIVISION DETERMINES THAT THERE ARE
REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION HAS
OCCURRED, IT SHALL ATTEMPT TO CONCILIATE THE MATTER BY
METHODS OF CONFERENCE AND PERSUASION WITH ALL INTERESTED
PARTIES AND ANY REPRESENTATIVES WHICH THEY MAY CHOOSE TO
ASSIST THEM.

(2)    THE TERMS OF ANY CONCILIATION AGREED TO
BY THE PARTIES MAY BE MADE PART OF A WRITTEN ASSURANCE OF
DISCONTINUANCE OR SETTLEMENT AGREEMENT TO BE SIGNED BY
THE DIVISION AND EACH PARTY. THE ASSURANCE OR AGREEMENT
IS FOR CONCILIATION PURPOSES ONLY AND DOES NOT CONSTITUTE
AN ADMISSION BY ANY PARTY THAT THE LAW HAS BEEN VIOLATED.

(B)   ASSURANCE, AGREEMENT, OR ORDER MAY INCLUDE
CERTAIN STIPULATIONS OR CONDITIONS.

(1)    A WRITTEN ASSURANCE OF DISCONTINUANCE,
SETTLEMENT AGREEMENT, OR ANY CEASE AND DESIST ORDER
PROVIDED FOR BY THIS SUBTITLE MAY INCLUDE A STIPULATION
OR CONDITION FOR:

(i) THE PAYMENT BY THE VIOLATOR OR ALLEGED
VIOLATOR OF THE COSTS OF INVESTIGATION BY THE DIVISION;
AND

(ii) THE RESTITUTION BY THE VIOLATOR OR
ALLEGED VIOLATOR TO THE CONSUMER OF MONEY, PROPERTY, OR
ANY OTHER THING RECEIVED FROM THE CONSUMER IN CONNECTION
WITH A VIOLATION OR ALLEGED VIOLATION OF THIS TITLE.

(2)    THESE STIPULATIONS AND CONDITIONS DO NOT
PRECLUDE THE DIVISION FROM USING ANY OTHER STIPULATION,
CONDITION, OR REMEDY NECESSARY TO CORRECT A VIOLATION OF
THIS TITLE.

(C)   VIOLATION OF ASSURANCE OR AGREEMENT.

(1)   IT IS A VIOLATION OF THIS TITLE TO FAIL
TO ADHERE TO ANY PROVISION CONTAINED IN A WRITTEN
ASSURANCE OF DISCONTINUANCE OR SETTLEMENT AGREEMENT.

(2)   A FAILURE BY THE DIVISION TO ENFORCE A
VIOLATION OF ANY PROVISION OF THE ASSURANCE OR AGREEMENT
DOES NOT CONSTITUTE A WAIVER OF ANY OTHER PROVISION OR OF
ANY RIGHT OF THE DIVISION.

REVISOR'S NOTE: This section presently appears as
Art. 83, §20F, except for the provisions of
that section which relate to consumers'
complaints and investigations, now contained
in §13-401.