§ 4519 — Assurance of discontinuance

(a) As an alternative to judicial proceedings, the Commissioner may accept an assurance of discontinuance of any violation of this part. An assurance of discontinuance may include, but need not be limited to:
(1) specific actions to be taken;
(2) abatement or mitigation schedules;
(3) payment of a civil penalty and the costs of investigation;
(4) payment of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved persons.
(b) An assurance of discontinuance shall be in writing and signed by the respondent and shall specify the statute or regulation alleged to have been violated. An assurance of discontinuance shall be simultaneously filed with the Attorney General and the Civil Division of the Superior Court of the county in which the alleged violation occurred or the Civil Division of the Superior Court of Washington County. An assurance of discontinuance may, by its terms, become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation.
(c) Any violation of an assurance of discontinuance shall constitute a separate and distinct offense of the underlying statute or rule and shall be subject to an administrative penalty under section 4520 of this title, in addition to any other applicable penalties.

Legislative History

(Added 2011, No. 54, § 6.)