Ch. 533

1995 LAWS OF MARYLAND

(C) REPRESENTATION BY COUNSEL.

THE RESPONDENT MAY BE REPRESENTED BY COUNSEL.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, § 2-105(d)(5) and the second sentence of
(d)(4).

In subsection (a)(1) of this section, the former law's reference to "the
Administrative Procedure Act" has been replaced by the more precise
cross-reference to "Title 10, Subtitle 2 of this article (Administrative
Procedure Act — Contested Cases)".

In subsection (b)(1) of this section, the phrase "all available evidence relating
to each alleged violation of this title" has been substituted for the former
phrase "all evidence available to him relating to the complaint" to clarify that
the staff counsel need only present evidence that is relevant to the complaint.

Defined terms: "Ethics Commission" § 15-102
"Respondent" § 15-102

15-405. DISPOSITION OF COMPLAINT.

(A)     DETERMINATIONS AFTER HEARING.

AFTER THE ETHICS COMMISSION CONSIDERS ALL OF THE EVIDENCE
PRESENTED AT THE HEARING, IT SHALL MAKE FINDINGS OF FACT AND
CONCLUSIONS OF LAW WITH RESPECT TO EACH ALLEGED VIOLATION.

(B)     FINDING OF NO VIOLATION.

IF THE ETHICS COMMISSION DETERMINES THAT THE RESPONDENT HAS NOT
VIOLATED THIS TITLE, THE ETHICS COMMISSION SHALL:

(1)     DISMISS THE COMPLAINT IN A SIGNED ORDER; AND

(2)     PROMPTLY SEND A COPY OF THE ORDER TO THE COMPLAINANT
AND THE RESPONDENT.

(C)     FINDING OF VIOLATION; SANCTIONS.

IF THE ETHICS COMMISSION DETERMINES THAT THE RESPONDENT HAS
VIOLATED THIS TITLE, THE ETHICS COMMISSION MAY:

(1)     ISSUE AN ORDER OF COMPLIANCE DIRECTING THE RESPONDENT TO
CEASE AND DESIST FROM THE VIOLATION;

(2)     ISSUE A REPRIMAND; OR

(3)     RECOMMEND TO THE APPROPRIATE AUTHORITY OTHER
APPROPRIATE DISCIPLINE OF THE RESPONDENT, INCLUDING CENSURE OR
REMOVAL, IF THAT DISCIPLINE IS AUTHORIZED BY LAW.

(D)     PENALTIES FOR LATE FILING.

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