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MDPPACPB Regulations
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(c) The applicant undertakes to cease the infringing conduct and
implement corrective measures; and
(d) The application does not materially prejudice the Authority’s ability to
ensure deterrence and effective enforcement.
(2) Settlement shall not be available where the conduct:
(a) Involves fraud, corruption, or wilful obstruction of justice;
(b) Causes substantial and irreparable harm to market participants or
consumers; or
(c) Raises issues of overriding public interest requiring full adjudication.
5. Conditions for Settlement
The following conditions must be satisfied before a settlement may be
concluded:
(a) Full and truthful disclosure of all facts relevant to the case;
(b) Written acknowledgement of the facts and legal basis of the infringement;
(c) Cooperation with the Authority, including disclosure of internal documents,
data, and testimony;
(d) Agreement to proposed remedies, compliance undertakings, or corrective
actions; and
(e) Agreement to the payment of any settlement sum, penalty, or fine
reduction determined by the Authority.
Part III – Procedural Steps and Timelines
6. Initiation of Settlement Process
(1) A regulated entity may submit a written Notice of Settlement Interest within
14 days of receiving:
(a) A Statement of Objections; or
(b) A Notice of Investigation Findings.
(2) The Authority may, at its discretion, invite a party to consider settlement
where it deems the case suitable.
7. Submission of Settlement Application
(1) A formal Settlement Application must be filed within 30 days of submitting
a Notice of Settlement Interest.
(2) The application shall include:
(a) Full admission of facts and liability;
(b) Proposal for settlement terms, including corrective measures;
(c) Evidence of internal compliance improvements;
(d) A statement of willingness to cooperate with the Authority; and
(e) Confidentiality requests, if any.
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