14.317 Assurance of discontinuance of method, act, or practice; filing; enforcement; modification.

224 words·~1 min read·/mi/chapter-14/14-317

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 17.

(1)If the attorney general has authority to institute an action or proceeding pursuant to section 16, he or she may accept an assurance of discontinuance of a method, act, or practice which is alleged to be unlawful under this act from the person who is alleged to have engaged, is engaging, or is about to engage in the method, act, or practice. Except as provided in subsection (2), the assurance shall not constitute an admission of guilt nor be introduced in any other proceeding. The assurance may include a stipulation for 1 or more of the following:

(a)The voluntary payment by the person for the costs of investigation.

(b)An amount to be held in escrow pending the outcome of an action.

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

(2)An assurance of discontinuance shall be in writing and filed with the court. The clerk of the court shall maintain a record of the filings. Unless rescinded by the parties or voided by a court for good cause, the assurance may be enforced in the court by the parties to the assurance. The assurance may be modified by the parties or by the court for good cause.

History: 1992, Act 298, Imd. Eff. Dec. 18, 1992