3538 ARTICLE 95A

Penalties.

1936 (Dec. Sp. Sess.), ch. 1, sec. 16.

16. (a) Whoever makes a false statement or representation knowing
it to be false or knowingly fails to disclose a material fact, to obtain or
increase any benefit or other payment under this Article, either for himself
or for any other person, shall be punished by a fine of not less than $20.00
nor more than $50.00, or by imprisonment for not longer than thirty days
or by both such fine and imprisonment; and each such false statement or
representation or failure to disclose a material fact shall constitute a sepa-
rate offense.

(b) Any employing unit or any officer or agent of an employing
unit or any other person who makes a false statement or representa-
tion knowing it to be false, or who knowingly fails to disclose a
material fact, to prevent or reduce the payment of benefits to any
individual entitled thereto, or to avoid becoming or remaining subject
hereto or to avoid or reduce any contribution or other payment required
from an employing unit under this Article, or who wilfully fails or refuses
to .make any such contributions or other payment or to furnish any reports
required hereunder or to produce or permit the inspection or copying of
records as required hereunder, shall be punished by a fine or¹ not less than
$20.00 nor more than $200.00, or by imprisonment for not longer than
sixty days, or by both such fine and imprisonment; and each such false
statement or representation or failure to disclose a material fact, and
each day of such failure or refusal shall constitute a separate offense.

(c) Any person who shall wilfully violate any provision of this Article
or any rule or regulation thereunder, the violation of which is made unlaw-
ful or the observance of which is required under the terms of this Article,
and for which a penalty is neither prescribed herein nor provided by any
other applicable statute, shall be punished by a fine of not less than $20.00
nor more than $200.00, or by imprisonment for not longer than sixty days,
or by both such fine and imprisonment, and each day such violation con-
tinues shall be deemed to be a separate offense.

(d) Any person who, by reason of the non-disclosure or misrepresenta-
tion by him or by another, of a material fact (irrespective of whether such
nondisclosure or misrepresentation was known or fraudulent) has received
any sum as benefits under this Article while any conditions for the receipt
of benefits imposed by this Article were not fulfilled in his case, or while
he was disqualified from receiving benefits, shall, in the discretion of the
Board, either be liable to have such sum deducted from any future benefits
payable to him under this Article or shall be liable to repay to the Board
for the unemployment compensation fund, a sum equal to the amount
so received by him, and such sum shall be collectible in the manner pro-
vided in section 15 ² (b) of this Article for the collection of past-due
contributions.

Representation in Court.

1936 (Dec. Sp. Sess.), ch. 1, sec. 17.

17. (a) In any civil action to enforce the provisions of this Article
the Board and the State may be represented by the Attorney-General or

¹ The word "of" evidently intended.

² Evidently sec. 14 intended.