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VETOES
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S.B. 857
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Section 13-403(a)
Annotated Code of Maryland
(2000 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Commercial Law
13-402.
(b) (1) A written assurance of discontinuance, DISCONTINUANCE OR A
settlement agreement, or any cease and desist order provided for by this subtitle may
include a stipulation or condition for THE VIOLATOR OR ALLEGED VIOLATOR TO:
(i) [The payment by the violator or alleged violator of] PAY the
costs of investigation by the Division; [and]
(ii) [The] MAKE 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;
(III) PAY ACTUAL ECONOMIC DAMAGES;
(IV) POST A PERFORMANCE BOND OR OTHER SECURITY; AND
(V) TAKE ANY OTHER ACTION PROVIDE INFORMATION TO THE
DIVISION THAT IS APPROPRIATE TO ASSIST THE PUBLIC IN OBTAINING RELIEF OR TO
PREVENT FUTURE VIOLATIONS.
(2) WHEN A VIOLATOR OR ALLEGED VIOLATOR AGREES OR IS ORDERED
TO POST A PERFORMANCE BOND OR OTHER SECURITY, IN DETERMINING THE
AMOUNT OF SECURITY TO BE POSTED, THE DIVISION SHALL CONSIDER:
(I) THE NATURE OF THE VIOLATION;
(II) THE AMOUNT OF MONEY, PROPERTY, OR ANY OTHER THING
RECEIVED FROM THE CONSUMER IN CONNECTION WITH THE VIOLATION;
(III) WHETHER FULL RESTITUTION HAS BEEN PAID TO THE
CONSUMER; AND
(IV) THE RISK OF FUTURE HARM TO CONSUMERS.
[(2)] (3) [These] IN ADDITION TO THE stipulations and conditions
LISTED IN PARAGRAPH (1) OF THIS SUBSECTION, [do not preclude] the Division
[from using] MAY USE any other stipulation, condition, or remedy necessary to
correct a violation of this title.
(4) A CEASE AND DESIST ORDER ISSUED UNDER § 13-403 OF THIS
SUBTITLE MAY INCLUDE ANY STIPULATION OR CONDITION LISTED IN THIS
SUBSECTION.
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