[§487-12]  Assurance of voluntary
compliance.  In lieu of instituting or continuing an investigation or
action pursuant to section 487-5(6), the director may accept written assurance
of voluntary compliance from the person or persons suspected of violation.  The
director will obtain the agreement of the affected consumers where possible. 
In no event shall the fact that a person who enters into an assurance of
voluntary compliance be considered an admission of violation, nor shall such
written assurance constitute prima facie evidence of any violation.  The
assurance may include a stipulation for reimbursement to some or all consumers
who have been damaged by an alleged unlawful act or practice and payment of
costs of investigation.  All assurances of voluntary compliance may be made a
matter of public record.  A consumer need not accept restitution pursuant to
the stipulation, but the consumer's stipulated agreement to the assurance or
the consumer's acceptance and full performance of restitution shall bar recovery
of any other damages in any action on account of the same acts or practices by
the consumer against the person or persons making restitution. [L 1974, c 61,
§1; gen ch 1985]



 



Revision Note



 



  Section "487-5(6)" substituted for
"487-5(5)".