Section 14.210. Assurance of discontinuance.

(1) When the attorney general or prosecuting attorney has information indicating that a person may have engaged, is engaging, or is about to engage in a method, act, or practice which may involve violation of the act, and if he deems the public interest shall be fully safeguarded thereby, the attorney general or prosecuting attorney  may  afford  the person  the  opportunity   to  negotiate  informally   an assurance  of discontinuance.

(2)   In determining whether the public  interest is   safeguarded    by   an assurance of discontinuance, the attorney general shall consider:

(a)   The nature and gravity of the alleged violation.

(b)   The prior record and good faith of the parties involved.

(c)   Other factors, including, where appropriate, adequate    assurance    of voluntary compliance.

(3)    An assurance of discontinuance is accepted and final   upon   signing    by the attorney general or prosecuting attorney.

(4)   An assurance of discontinuance shall include:

(a)   A description of the methods, acts, and  practices   which     a    person agrees to permanently discontinue.

(b)   A reference to applicable provisions of the act or these rules.

(c)   A statement that the person does not admit an issue of law or  fact.

(5)   An assurance of discontinuance may include:

(a)   An agreement to pay the costs of investigation.

(b)    An agreement to hold in escrow an   amount     pending       the      outcome     of litigation.

(c)   An agreement for an amount of restitution to an aggrieved person.

(6)   An  assurance  of  discontinuance  shall   not  be  introduced  in  a proceeding by a person other than a party to the assurance, who  may introduce it in the proceeding to modify its terms or to enforce its terms in whole or in part.

History: 1979 AC.