Any entity may file with the Ethics Commission a written complaint alleging a violation of this title. A complaint filed under this subsection shall be: signed; and made under oath. The Ethics Commission on its own motion may issue a complaint alleging a violation of this title. The Ethics Commission shall promptly transmit a copy of the complaint to the respondent.

For further action after the filing of a complaint, the Ethics Commission promptly shall refer the complaint to: the Commission on Judicial Disabilities, if the complaint concerns a judge of a court established under Article IV, § 1 of the Maryland Constitution; the Joint Ethics Committee, if the complaint concerns: a State official of the Legislative Branch; and a violation of Subtitle 5 of this title; or the staff counsel, if the complaint concerns any other entity. On request of the Commission on Judicial Disabilities or the Joint Ethics Committee, the Ethics Commission shall provide any information or assistance that is not prohibited by law.

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. Before submitting the evidence to the Ethics Commission, the staff counsel shall notify the complainant and the respondent. The Ethics Commission shall dismiss the complaint in a signed order if: the respondent, within 15 days after receiving the notice, takes any action that may be available to cure each alleged violation; and the Ethics Commission finds that dismissal is not contrary to the purposes of this title. If the complaint is dismissed under this subsection, the Ethics Commission promptly shall send a copy of the order to the complainant and the respondent. If the Ethics Commission determines that the evidence submitted by the staff counsel does not merit further proceedings, the Ethics Commission shall: dismiss the complaint in a signed order; and promptly send a copy of the order to the complainant and the respondent. If a complaint is not dismissed under subsection (b) or (c) of this section, the Ethics Commission shall proceed to a hearing on the complaint.

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. In preparation for the hearing, the respondent may use the subpoena power of the Ethics Commission. At the hearing, the staff counsel: shall present to the Ethics Commission all available evidence relating to each alleged violation of this title; and may recommend any disposition of the complaint that appears appropriate to the staff counsel. The respondent may be represented by counsel.

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. If the Ethics Commission determines that the respondent has not violated this title, the Ethics Commission shall: dismiss the complaint in a signed order; and promptly send a copy of the order to the complainant and the respondent. If the Ethics Commission determines that the respondent has violated any provision of this title, the Ethics Commission may: issue an order of compliance directing the respondent to cease and desist from the violation; issue a reprimand; or recommend to the appropriate authority other appropriate discipline of the respondent, including censure or removal, if that discipline is authorized by law. If the Ethics Commission determines that a respondent has violated Subtitle 7 of this title, the Ethics Commission may: require a respondent who is a regulated lobbyist to file any additional reports or information that reasonably relates to information required under §§ 5–703 and 5–704 of this title; impose a fine not exceeding $5,000 for each violation; or subject to subsection (e) of this section, suspend the registration of a regulated lobbyist. If the Ethics Commission determines it necessary to protect the public interest and the integrity of the governmental process, the Ethics Commission may issue an order to: suspend the registration of an individual regulated lobbyist if the Ethics Commission determines that the individual regulated lobbyist: has knowingly and willfully violated Subtitle 7 of this title; or has been convicted of a criminal offense arising from lobbying activities; or revoke the registration of an individual regulated lobbyist if the Ethics Commission determines that, based on acts arising from lobbying activities, the individual regulated lobbyist has been convicted of bribery, theft, or other crime involving moral turpitude. If the Ethics Commission suspends the registration of an individual regulated lobbyist under paragraph (1) of this subsection, the individual regulated lobbyist may not engage in lobbying for compensation for a period, not to exceed 3 years, that the Ethics Commission determines as to that individual regulated lobbyist is necessary to satisfy the purposes of this subsection. If the Ethics Commission revokes the registration of an individual regulated lobbyist under paragraph (1) of this subsection, the individual regulated lobbyist may not engage in lobbying for compensation. If the Ethics Commission initiates a complaint based on a violation or conviction described in paragraph (1) of this subsection, the Ethics Commission shall initiate the complaint within 2 years after the earlier of: the Ethics Commission’s knowledge of the violation; or the date the conviction becomes final. The termination or expiration of the registration of an individual regulated lobbyist does not limit the authority of the Ethics Commission to issue an order under this subsection. An individual whose registration as an individual regulated lobbyist is revoked or suspended under subsection (e) of this section may apply to the Ethics Commission for reinstatement. The Ethics Commission may reinstate the registration of an individual whose registration as a regulated lobbyist has been revoked or suspended under subsection (e) of this section if the Ethics Commission determines that reinstatement of the individual would not be detrimental to the public interest and the integrity of the governmental process, based on: the nature and circumstances of the original misconduct or violation leading to revocation or suspension; the individual’s subsequent conduct and reformation; and the present ability of the individual to comply with the ethics law. If the respondent is a regulated lobbyist, for each report required under Subtitle 7 of this title that is filed late, the respondent shall pay a fee of $10 for each late day, not to exceed a total of $1,000. If the respondent is an official, for each financial disclosure statement found to have been filed late, the respondent shall pay a fee of $5 for each late day, not to exceed a total of $500. A penalty, fine, or fee assessed under this section shall be distributed to the Fair Campaign Financing Fund established under § 15–103 of the Election Law Article.

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. The order is stayed automatically until the time for seeking judicial review has expired. The filing of a petition for judicial review does not automatically stay the enforcement of the order. Except as otherwise provided by law, the Ethics Commission or the reviewing court may stay the enforcement of the order, under terms the Ethics Commission considers proper. The Ethics Commission may seek judicial enforcement and other relief as provided under Subtitle 9 of this title.

Notwithstanding any other law, and except as provided in subsections (b) and (c) of this section, after a complaint is filed: the proceedings, meetings, and activities of the Ethics Commission and its employees relating to the complaint are confidential; and information relating to the complaint, including the identity of the complainant and respondent, may not be disclosed by: the Ethics Commission; the staff of the Ethics Commission; the complainant; or the respondent. Except as provided in subsection (c) of this section, the restrictions in subsection (a) of this section apply unless: the matter is referred for prosecution; or the Ethics Commission finds a violation of this title. The Ethics Commission may release any information if the respondent agrees in writing to the release. On request of the respondent, the Ethics Commission shall disclose the identity of the complainant to the respondent.

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. The Ethics Commission shall make available to the prosecuting authority all pertinent evidence under the Ethics Commission’s control.

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. The entity shall retain the document for 3 years after: the date the report, statement, or record was filed; or if the report, statement, or record was not filed, the date the report, statement, or record was required to be filed. On request of the Ethics Commission, and after reasonable notice, the documents shall be available for inspection by the Ethics Commission.