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Session Laws, 1995
Volume 793, Page 3108   View pdf image
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Ch. 533

1995 LAWS OF MARYLAND

(4) All affidavits, disclosures, and accompanying documentation required
under this [subtitle] PART IV shall be in the form required by the [State] Ethics
Commission.

REVISOR'S NOTE: This section formerly was Art. 40A, § 6-605.

[6-606.] 15-835.

(a)     (1) The ETHICS Commission or any other aggrieved person may file a
petition for injunctive or other relief in the Circuit Court of Prince George's County for
the purpose of requiring compliance with this [subtitle] PART IV, and may assert as error
any violation of this [subtitle] PART IV in an appeal taken pursuant to the provisions of
Article 28, § 8-106(e) of the Code.

(2)     The Court shall issue an order voiding an official action taken by the
County Council when the action taken by the Council was in violation of this [subtitle]
PART IV and if the legal action was brought within 30 days of the occurrence of the
official action.

(3)     The Court, after hearing and considering all the circumstances in the
case, and voiding an action of the Council, shall reverse or reverse and remand the case
to the District Council for reconsideration.

(b)     (1) Any person who knowingly and willfully violates the provisions of this
[subtitle] PART IV is guilty of a misdemeanor[,] and upon conviction!,] is subject to a
fine of not more than $1,000 or imprisonment for not more than 1 year or both.

(2)     If the person is a business entity and not a natural person, each officer
and partner of the business entity who knowingly authorized or participated in the
violation is guilty of a misdemeanor and[,] upon conviction[,] is subject to the same
penalties as the business entity.

(3)     A member is guilty of violating this [subtitle] PART IV only if the
member fails to abstain from voting or participating in a proceeding, based on
information contained in an affidavit filed with the County Council by an applicant or
agent, in violation of [6-602(b)] § 15-831(B) of this [subtitle] PART IV.

(4)     An action taken in reliance on an opinion of the [State] Ethics
Commission may not be deemed a knowing and willful violation.

(c)     (1) Any person who is subject to the provisions of this [subtitle] PART IV
shall preserve all accounts, bills, receipts, books, papers, and documents necessary to
complete and substantiate any reports, statements, or records required to be made
pursuant to this [subtitle] PART IV for 3 years from the date of filing the application.

(2) These papers and documents shall be available for inspection upon
request by the ETHICS Commission after reasonable notice.

REVISOR'S NOTE: This section formerly was Art. 40A, § 6-606.

The only changes are in numbering and style.

- 3108 -

 

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Session Laws, 1995
Volume 793, Page 3108   View pdf image
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