LegalFix

§ 5-839. Injunctive or other relief; penalties; preservation of documents

MD Gen Provisions Code § 5-839 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a)    (1)    The Ethics Commission or any other aggrieved person may:

(i)    file a petition for injunctive or other relief in the Circuit Court for Prince George’s County to require compliance with this part; and

(ii)    assert as error any violation of this part in judicial review requested under § 22–407 of the Land Use Article.

(2)    The Court shall issue an order voiding an official action taken by the County Council if:

(i)    the action taken by the County Council was in violation of this part; and

(ii)    the legal action was brought within 30 days after 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 County Council, shall reverse, or reverse and remand, the case to the District Council for reconsideration.

(b)    (1)    A person who knowingly and willfully violates this part is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 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 on conviction is subject to the same penalties as the business entity.

(3)    A member is guilty of violating this part 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 § 5–835(b) of this subtitle.

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

(c)    (1)    A person who is subject to this part shall preserve all accounts, bills, receipts, books, papers, and other documents necessary to complete and substantiate any reports, statements, or records required to be made under this part for 3 years from the date of filing the application.

(2)    The documents shall be available for inspection on request of the Ethics Commission after reasonable notice.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 5-839. Injunctive or other relief; penalties; preservation of documents