2202

LAWS OF MARYLAND

Ch. 626

(D) IF THE COMMISSIONER DETERMINES THAT THE COMPLAINT
LACKS REASONABLE GROUNDS ON WHICH TO BASE A VIOLATION OF
THIS SUBTITLE, IT MAY:

(1) DISMISS THE COMPLAINT; OR

(2) CONDUCT ANY FURTHER INVESTIGATION IT

CONSIDERS NECESSARY.

(E) THIS SECTION DOES NOT PREVENT A PURCHASER FROM:

(1) EXERCISING ANY RIGHT OR SEEKING ANY REMEDY
TO WHICH HE MIGHT OTHERWISE BE ENTITLED; OR

(2) FILING A COMPLAINT WITH ANY OTHER AGENCY OR
COURT.

415.

(A)(1) IF THE COMMISSIONER DETERMINES THAT THERE ARE
REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION HAS OCCURRED,
IT MAY, EXCEPT AS PROVIDED IN PARAGRAPH (2), ATTEMPT TO

CONCILIATE THE MATTER BY METHODS OF CONFERENCE AND

PERSUASION WITH ALL INTERESTED PARTIES AND ANY

REPRESENTATIVES WHICH THEY MAY CHOSE TO ASSIST THEM.

(2) IF THE COMMISSIONER DETERMINES THAT

VIOLATIONS ARE OCCURRING WHICH ARE CAUSING IMMEDIATE;

SUBSTANTIAL, AND IRREPARABLE INJURY, THE COMMISSIONER MAY
SEEK AN EX PARTE OR INTERLOCUTORY INJUNCTION PURSUANT TO §§
406 AND 415, WITHOUT FIRST ATTEMPTING CONCILIATION.

(3) 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
COMMISSIONER 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) (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 COMMISSIONER;
AND

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

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