§ 23-7-8-9 — Assurance of voluntary compliance; form; filing

Indiana § 23-7-8-9

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 7: GENERAL CIVIL OR CHARITABLE
• Ch. 8: Professional Fundraiser Consultant and Solicitor

Text

(a) In the administration of this chapter, the
attorney general may accept an assurance of voluntary compliance with
respect to any violation of this chapter. The assurance of voluntary
compliance may include any of the following:
(1) Stipulation for the voluntary payment by the person of the
costs of investigation.
(2) Payment of an amount to be held in escrow pending the
outcome of an action or as restitution to aggrieved persons.
The assurance of voluntary compliance must be in writing. It must be
filed with the court having jurisdiction over the violation and is subject
to the court's approval.
(b) The giving of an assurance of voluntary compliance under this
section is not, for any purpose, considered an admission of a
solicitation or failure to register in violation of this chapter. However,
any violation of the terms of the assurance constitutes prima facie
evidence of a violation of this chapter. An investigation or court action
terminated on the basis of the giving of an assurance of compliance
under this section may be reopened by the attorney general at any time
for further proceedings that are in the public interest.

Legislative History

As added by P.L.12-1986, SEC.3. Amended by P.L.24-1989, SEC.9.