HARRY HUGHES, Governor

4139

12-104. Use of influence.

A COMMISSIONER OF THE WSSC FROM MONTGOMERY COUNTY MAY
NOT ATTEMPT TO INFLUENCE A COUNTY OR STATE OFFICIAL IN THE
CONDUCT OF THE OFFICIAL'S DUTIES FOR A PURPOSE CONTRARY TO
THE PROVISIONS OF THIS TITLE OR ARTICLE 40A OF THE CODE.

COMMITTEE NOTE: This section formerly appeared as
Article 67, § 12-2(c)(1)(v).

12-105. Prince George's County - Ex parte communications.

(A)   IF A COMMISSIONER OR EMPLOYEE OF THE WSSC FROM
PRINCE GEORGE'S COUNTY RECEIVES AN EX PARTE COMMUNICATION
CONCERNING A CASE WHERE A DETERMINATION OR DECISION IS
REQUIRED BY LAW TO BE MADE ONLY AFTER A PUBLIC HEARING FOR
INTERESTED PARTIES, THE COMMISSIONER OR EMPLOYEE SHALL MAKE
THE EX PARTE COMMUNICATION PUBLIC AND PART OF THE RECORD OF
THE PROCEEDING.

(B)   IF A COMMISSIONER OR EMPLOYEE OF THE WSSC FROM
PRINCE GEORGE'S COUNTY RECEIVES AN EX PARTE COMMUNICATION
CONCERNING THE MERITS OF A CASE WHERE THE COMMISSIONERS OR
EMPLOYEE DETERMINATION OR DECISION IS REQUIRED BY LAW TO BE
MADE ONLY AFTER A PUBLIC HEARING FOR INTERESTED PARTIES:

(1)  THE SUBSTANCE OF AN ORAL EX PARTE
COMMUNICATION SHALL BE NOTED FOR PURPOSES OF THE RECORD; AND

(2)  THE SUBSTANCE OF A WRITTEN EX PARTE
COMMUNICATION SHALL BE PLACED ON THE RECORD.

COMMITTEE NOTE: This section formerly appeared as
Article 67, §§ 12-3(d)(7) and (8).

12-106. Prohibited acts.

(A)  NOTWITHSTANDING ANY PROVISION OF LAW     TO THE
CONTRARY, A COMMISSIONER OF THE WSSC FROM MONTGOMERY   COUNTY
MAY NOT VIOLATE ANY PROVISION OF THIS TITLE OR OF  ARTICLE
40A OF THE CODE.

(B)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, A COMMISSIONER OR EMPLOYEE OF THE WSSC FROM PRINCE
GEORGE'S COUNTY MAY NOT WILLFULLY AND KNOWINGLY VIOLATE ANY
PROVISION OF THIS TITLE OR OF ARTICLE 40A OF THE CODE.

COMMITTEE NOTE: Subsection (a) of this section provides
for the less stringent penalties of former
Article 67, § 12-2(e).

Subsection (b) of this section provides for the
more stringent penalties of former Article 67, §
12-3(f).