Printable Format16a-6-109. (UCCC) Assurance of discontinuance. If it is claimed that a person has engaged in conduct subject to an order by the administrator or by a court, the administrator may accept an assurance in writing that the person will not engage in the conduct in the future. Failure to abide by the assurance of discontinuance shall be evidence that the person engaged in the prior conduct described in the assurance.
History: L. 1973, ch. 85, § 102; L. 2024, ch. 6, § 108; January 1, 2025.
KANSAS COMMENT, 2010
This section provides a method for resolving controversies without formal proceedings that involve conduct which is alleged to contravene the provisions of the U3C. Considerable flexibility is granted to the administrator in formulating the terms of any assurance entered into. If the person giving an assurance fails to comply with its terms, the assurance is admissible as evidence, either in a proceeding before the administrator or in the courts, that the person giving the assurance actually engaged in the conduct specified therein.