PARRIS N. GLENDENING, Governor                             Ch. 371

(2) (i) In the course of any examination, investigation, or hearing, the
Secretary of State OR THE SECRETARY'S DESIGNEE may subpoena witnesses, administer
oaths, examine an individual under oath, and compel production of records, books,
papers, and other documents.

(ii) IN THE COURSE OF ANY EXAMINATION, INVESTIGATION, OR
HEARING, A DESIGNEE THE LEGAL COUNSEL FOR THE OFFICE OF THE SECRETARY OF
STATE MAY ADMINISTER OATHS AND EXAMINE AN INDIVIDUAL UNDER OATH.

(III) Information obtained under this subsection is not admissible in a
subsequent criminal proceeding against the person who provided the information.

(b) If the Secretary of State finds OR HAS REASONABLE GROUNDS TO BELIEVE
that a charitable organization or charitable representative has violated this title, the
Secretary of State may take 1 or more of the following actions:

(1)     BY METHODS OF CONFERENCE AND PERSUASION MEDIATION WITH
THE APPARENT VIOLATORS AND ANY REPRESENTATIVES THEY MAY CHOOSE TO
ASSIST THEM, ENTER INTO A WRITTEN ASSURANCE OF DISCONTINUANCE, WRITTEN
ASSURANCE OF VOLUNTARY COMPLIANCE, OR OTHER SETTLEMENT AGREEMENT
WITH THE APPARENT VIOLATORS, EN ACCORDANCE WITH SUBSECTION (C) OF THIS
SECTION;

(2)     summarily issue a cease and desist order to the violator, if the Secretary
of State:

(i) finds THAT THIS TITLE HAS BEEN VIOLATED AND that the public
health, safety, or welfare requires emergency action; and

(ii) gives the violator written notice of the order, the reasons for the
order, and the right of the violator to request a hearing under subsection (d) of this
section; or

[(2)] (3) refer the matter to:

(i) the Attorney General for civil enforcement; or

(ii) the appropriate State's Attorney for prosecution.

(C) A SETTLEMENT AGREEMENT UNDER SUBSECTION (B)(1) MAY INCLUDE
ONE OR MORE OF THE FOLLOWING STIPULATIONS OR CONDITIONS:

(1)     PAYMENT BY THE APPARENT VIOLATOR OF THE COST OF THE
INVESTIGATION, AND THE COST OF NEGOTIATING AND PREPARING THE
SETTLEMENT AGREEMENT;

(2)     PAYMENT BY THE APPARENT VIOLATOR OF CIVIL PENALTIES A
COURT COULD ORDER UNDER THIS TITLE;

(3)     PAYMENT BY THE APPARENT VIOLATOR OF REFUNDS TO DONORS A
COURT COULD ORDER UNDER THIS TITLE;

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