Mich. Admin. Code R. 14.210

Current through Vol. 24-10, June 15, 2024
Section R. 14.210 - Assurance of discontinuance

Rule 10.

(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.

Mich. Admin. Code R. 14.210

1979 AC