In this section, “Program” means the Charitable Giving Information Program. There is a Charitable Giving Information Program in the Office of the Secretary of State. The purpose of the Program is to educate the public about charitable organizations and charitable solicitations so that members of the public can: recognize unlawful or misleading charitable solicitations; and make informed decisions about charitable contributions to charitable organizations. The Program shall inform the public of: 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. The Program shall make available: 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: the Secretary of State determines that making the disk available serves the purposes of the Program; and the person agrees in writing to use the disk only for purposes approved by the Secretary of State, and not to copy the disk, or permit the disk to be copied, without the prior written consent of the Secretary of State. The Secretary of State may charge a reasonable fee for a disk under this section. The fee may not exceed the actual cost of purchasing and preparing the disk.

In this section, “foreign charitable organization or representative” means a charitable organization or charitable representative who: has its principal place of business out of state; or is organized under the laws of another state. By soliciting a charitable contribution in the State, a foreign charitable organization or representative irrevocably appoints the Secretary of State as agent to receive a subpoena, summons, or other process that is: issued in an action brought under this title; and directed to: the foreign charitable organization or representative; or a partner, principal officer, or director of the foreign charitable organization or representative. Service of process is sufficient service on a foreign charitable organization or representative if: 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.

Each document submitted to the Secretary of State under this title is a public record and shall be: kept in the Office of the Secretary of State for at least 2 years; and made available to the public during the normal business hours of the Secretary of State for inspection and for photocopying at a reasonable price.

The Secretary of State shall adopt regulations to carry out this title.

The Secretary of State or the Attorney General may investigate an alleged violation of this title. In the course of any examination, investigation, or hearing, the Secretary of State or the Attorney General may subpoena witnesses, administer oaths, examine an individual under oath, serve written interrogatories, and compel production of records, books, papers, and other documents. Information obtained under this subsection is not admissible in a subsequent criminal proceeding against the person who provided the information. If the Secretary of State or the Attorney General finds or has reasonable grounds to believe that a charitable organization, charitable representative, or public safety solicitor has violated this title, the Secretary of State or the Attorney General may take one or more of the following actions: 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: finds that this title has been violated and that the public health, safety, or welfare requires emergency action; and gives the violator written notice of the order, the reasons for the order, and the right of the violator to request a hearing under subsection (g) of this section; or refer the matter to the appropriate State’s Attorney for prosecution. A settlement agreement under subsection (b)(1) of this section may include one or more of the following stipulations or conditions: 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. An agreement under this section is for conciliation purposes only and does not constitute an admission by any party that the law has been violated. 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. The Attorney General may sue in the circuit court for the county in which the alleged violation occurred for an order that: 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: refunds to donors; and payment of the charitable or public safety contributions received by the solicitor to charitable or public safety purposes or beneficiaries consistent with the purposes represented or beneficiaries named in the charitable or public safety solicitations which generated the contributions. 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.

The Secretary of State or the Attorney General may make reciprocal agreements with other states to: exchange information about charitable organizations or charitable representatives; or accept substantially similar information submitted to those states by charitable organizations or charitable representatives instead of the information required to be submitted under this title.

Except as otherwise provided in this title, the Secretary of State shall pay all money collected under this title into the General Fund of the State.