Ch. 371

1996 LAWS OF MARYLAND

(4)     PAYMENT BY THE APPARENT VIOLATOR OF CONTRIBUTIONS
RECEIVED TO CHARITABLE BENEFICIARIES OR FOR CHARITABLE PURPOSES
CONSISTENT WITH THE BENEFICIARIES NAMED OR PURPOSES REPRESENTED IN THE
CHARITABLE SOLICITATIONS WHICH GENERATED THE CONTRIBUTIONS; OR

(5)     ANY OTHER STIPULATION, CONDITION, OR REMEDY THAT WILL
CORRECT A VIOLATION OF THIS TITLE

(D)    AN AGREEMENT UNDER THIS SECTION IS FOR CONCILIATION PURPOSES
ONLY AND DOES NOT CONSTITUTE AN ADMISSION BY ANY PARTY THAT THE LAW
HAS BEEN VIOLATED.

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

(2) A FAILURE OF THE SECRETARY OF STATE TO ENFORCE A
VIOLATION OF ANY PROVISION OF A SETTLEMENT AGREEMENT DOES NOT
CONSTITUTE A WAIVER OF THAT OR ANY OTHER PROVISION, OR OF ANY RIGHT OF
THE SECRETARY OF STATE

[(c)] (F) On referral by the Secretary of State, the Attorney General may sue in
the Circuit Court for Anne Arundel County for an order that:

(1)     restrains further violation of this title;

(2)     restrains the defendant from making further charitable solicitations in
the State;

(3)     recovers for the State a civil penalty not to exceed $5,000 for each willful
violation of the Act;

(4)     recovers for the State a civil penalty not to exceed $3,000 for each grossly
negligent violation of the Act;

(5)     enforces compliance with this title; or

(6)     secures any other appropriate relief, including:

(i) refunds to donors; and

(ii) payment of the charitable contributions received by the solicitor to
charitable purposes or beneficiaries consistent with the purposes represented or
beneficiaries named in the charitable solicitations which generated the contributions.

[ (d)] (G) (1) If the Secretary of State issues a cease and desist order to a person,
the person may request a hearing from the Secretary of State.

(2) Within 30 days after a request is submitted, the Secretary of State shall
hold a hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

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