Michigan Laws 446.169b – Assurance of discontinuance
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Terms Used In Michigan Laws 446.169b
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 446.163
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(1) If the attorney general has authority to institute an action under section 9c, the attorney general may accept an assurance of discontinuance of a practice that is alleged to be unlawful under section 5 from the person that is alleged to have engaged, be engaging, or be about to engage in the practice. An assurance under this section does not constitute an admission of guilt and is not admissible in any other proceeding. The assurance may include a stipulation for 1 or more of the following:
(a) The voluntary payment by the person of 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 under this section must be in writing and may be filed with the circuit court of Ingham County. The clerk of the court shall maintain a record of filings under this section. Unless rescinded by the parties or voided by a court for good cause, the assurance may be enforced in the circuit court by the parties to the assurance. The assurance may be modified by the parties or by a court for good cause.