Section 5-403 – Complaints — Retention by Ethics Commission
(a) As to a complaint retained by the Ethics Commission under § 5–402(b) of this subtitle, the staff counsel shall collect and submit to the Ethics Commission evidence relating to each violation of this title alleged in the complaint. (b) (1) Before submitting the evidence to the Ethics Commission, the staff counsel shall notify the complainant and the […]
Section 5-511 – Application of Part
This part applies only to members of the General Assembly.
Section 5-404 – Complaints — Hearing
(a) (1) A hearing on a complaint shall be conducted under Title 10, Subtitle 2 of the State Government Article insofar as that subtitle is consistent with this title. (2) In preparation for the hearing, the respondent may use the subpoena power of the Ethics Commission. (b) At the hearing, the staff counsel: (1) shall present to the Ethics Commission […]
Section 5-512 – Disqualification — Presumption of Conflict
(a) (1) In this section, “close economic association” means the association between a legislator and: (i) the legislator’s: 1. employer; 2. employee; or 3. partner in a business or professional enterprise; (ii) a partnership, limited liability partnership, or limited liability company in which the legislator has invested capital or owns an interest; (iii) a corporation in which the legislator owns the lesser of: […]
Section 5-405 – Complaints — Disposition
(a) After the Ethics Commission considers all of the evidence presented at the hearing, the Ethics Commission shall make findings of fact and conclusions of law with respect to each alleged violation. (b) 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; […]
Section 5-513 – Suspension of Disqualification
(a) (1) Except as provided in paragraph (2) of this subsection, the disqualification arising under § 5–512 of this subtitle is suspended if a legislator with an apparent or presumed conflict files with the Joint Ethics Committee a sworn statement that: (i) describes the circumstances of the apparent or presumed conflict and the legislation, class of legislation, or […]
Section 5-406 – Judicial Review
(a) If the respondent is aggrieved by a final order of the Ethics Commission, the respondent may seek judicial review as provided in Title 10, Subtitle 2 of the State Government Article. (b) (1) The order is stayed automatically until the time for seeking judicial review has expired. (2) (i) The filing of a petition for judicial review does not […]
Section 5-407 – Confidentiality
(a) Notwithstanding any other law, and except as provided in subsections (b) and (c) of this section, after a complaint is filed: (1) the proceedings, meetings, and activities of the Ethics Commission and its employees relating to the complaint are confidential; and (2) information relating to the complaint, including the identity of the complainant and respondent, may not […]
Section 5-408 – Referral to Prosecuting Authority
(a) If the Ethics Commission, while considering a complaint, finds that there are reasonable grounds to believe that the respondent may have committed a criminal offense, the Ethics Commission promptly shall refer the matter to an appropriate prosecuting authority. (b) The Ethics Commission shall make available to the prosecuting authority all pertinent evidence under the Ethics Commission’s […]
Section 5-409 – Retention of Documents by Entities Subject to Title
(a) An entity that is required to file a report, statement, or record under this title shall obtain each account, bill, receipt, book, paper, or other document necessary to complete and substantiate the report or statement. (b) The entity shall retain the document for 3 years after: (1) the date the report, statement, or record was filed; or […]