Title 6. Charitable Organizations and Charitable Representatives — Subtitle 2. Powers and Duties of the Secretary of State and the Attorney General

recognize unlawful or misleading charitable solicitations; and

make informed decisions about charitable contributions to charitable organizations.

the laws and regulations about charitable organizations and charitable solicitations, including registration requirements, prohibited acts and penalties, and the availability of information through the Office of the Secretary of State;

the importance of reporting alleged unlawful or misleading charitable solicitations to the Office of the Secretary of State;

an address and toll-free telephone number through which the public can get information about charitable organizations and charitable solicitations and can report alleged violations of this title;

precautions an individual may take before making a charitable contribution to a charitable organization; and

any other information the Secretary of State believes will help the public make informed decisions about charitable contributions to charitable organizations.

written materials, in places easily accessible to the public, including libraries, schools, and other public buildings;

on request, individuals to speak to community groups or other groups; and

material for broad distribution to the public or for use by the news media.

The Program may make available a disk containing computerized data if:

has its principal place of business out of state; or

is organized under the laws of another state.

issued in an action brought under this title; and

directed to:

service is made by the personal delivery and leaving of a copy of the process with the Secretary of State or the authorized representative of the Secretary of State; and

the Secretary of State sends a copy of the process by certified mail to the foreign charitable organization or representative at its last known address.

The Secretary of State or the Attorney General may investigate an alleged violation of this title.

by mediation with the apparent violators and any representatives they may choose to assist them, enter into a written assurance of discontinuance, written assurance of voluntary compliance, or other settlement agreement with the apparent violators, in accordance with subsection (c) of this section;

summarily issue a cease and desist order to the violator, if the Secretary of State or the Attorney General:

refer the matter to the appropriate State’s Attorney for prosecution.

payment by the apparent violator of the cost of the investigation;

payment by the apparent violator of civil penalties a court could order under this title;

payment by the apparent violator of refunds to donors a court could order under this title;

payment by the apparent violator of contributions received to charitable or public safety beneficiaries or for charitable or public safety purposes consistent with the beneficiaries named or purposes represented in the charitable or public safety solicitations which generated the contributions; or

any other stipulation, condition, or remedy that will correct a violation of this title.

It is a violation of this title to fail to adhere to any provision contained in a settlement agreement.

A failure of the Secretary of State or the Attorney General to enforce a violation of any provision of a settlement agreement does not constitute a waiver of that or any other provision, or of any right of the Secretary of State or the Attorney General.

restrains further violation of this title;

restrains the defendant from making further charitable or public safety solicitations in the State;

except as provided under § 6–5A–11 of this title, recovers for the State a civil penalty not to exceed $5,000 for each willful violation of this title;

except as provided under § 6–5A–11 of this title, recovers for the State a civil penalty not to exceed $3,000 for each grossly negligent violation of this title;

enforces compliance with this title; or

secures any other appropriate relief, including:

If the Secretary of State or the Attorney General issues a cease and desist order to a person, the person may request a hearing from the Secretary of State.

Within 30 days after a request is submitted, the Secretary of State shall hold a hearing in accordance with Title 10, Subtitle 2 of the State Government Article.