<?xml version='1.0' encoding='utf-8'?>
<subtitle article="gle" title_number="8" subtitle_number="13" title_name="Unemployment Insurance" subtitle_name="Prohibited Acts; Penalties">
  <section article="gle" article_name="Labor and Employment" number="8-1301" title_number="8" title_name="Unemployment Insurance" subtitle_number="13" subtitle_name="Prohibited Acts; Penalties">
    <text>A person, for that person or another, may not knowingly make a false statement or false representation or knowingly fail to disclose a material fact to receive or increase a benefit or other payment under this title or an unemployment insurance law of another state, the federal government, or a foreign government.</text>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1302" title_number="8" title_name="Unemployment Insurance" subtitle_number="13" subtitle_name="Prohibited Acts; Penalties">
    <text>An employer, its officer or agent, or another person may not:</text>
    <level label="1">
      <text>knowingly make a false statement or false representation or knowingly fail to disclose a material fact to:</text>
      <level label="i">
        <text>prevent or reduce the payment of a benefit to an individual who is entitled to the benefit;</text>
      </level>
      <level label="ii">
        <text>avoid becoming or remaining subject to this title; or</text>
      </level>
      <level label="iii">
        <text>avoid or reduce any contribution or other payment that is required from an employer under this title; or</text>
      </level>
    </level>
    <level label="2">
      <text>willfully fail or refuse to:</text>
      <level label="i">
        <text>make a contribution or other payment;</text>
      </level>
      <level label="ii">
        <text>submit a report that is required under this title;</text>
      </level>
      <level label="iii">
        <text>produce records that are required under this title; or</text>
      </level>
      <level label="iv">
        <text>allow those records to be copied or inspected.</text>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1303" title_number="8" title_name="Unemployment Insurance" subtitle_number="13" subtitle_name="Prohibited Acts; Penalties">
    <text>An employing unit, directly or indirectly, may not:</text>
    <level label="1">
      <text>accept, make, or require a deduction from a wage to pay a contribution that the employing unit is required to pay; or</text>
    </level>
    <level label="2">
      <text>accept or require from an employee a waiver of a right to which the employee is entitled under this title.</text>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1304" title_number="8" title_name="Unemployment Insurance" subtitle_number="13" subtitle_name="Prohibited Acts; Penalties">
    <text>A person may not, without just cause, fail or refuse to obey a subpoena issued under § 8–306(c) or § 8–5A–06(b) of this title if the person has the power to obey the subpoena.</text>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1305" title_number="8" title_name="Unemployment Insurance" subtitle_number="13" subtitle_name="Prohibited Acts; Penalties">
    <level label="a">
      <text>Unless another penalty is provided by statute, a person who willfully violates a provision of this title or a regulation adopted under this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both.</text>
    </level>
    <level label="b">
      <text>In addition to the penalty under subsection (a) of this section, a person who violates § 8–1301 of this subtitle:</text>
      <level label="1">
        <text>shall make full restitution of the benefit unlawfully received and pay a monetary penalty of 15% of the benefit unlawfully received, including interest at a rate of 1.5% a month on the total amount of restitution plus the monetary penalty from the date the Secretary notifies the person of the amount to be recovered;</text>
      </level>
      <level label="2">
        <text>shall be disqualified from receiving benefits for any week of unemployment, including the week in which a determination is made that the individual filed a claim involving a false statement, false representation, or failure to disclose a material fact, until:</text>
        <level label="i">
          <text>the Secretary determines that:</text>
          <level label="1">
            <text>the benefit unlawfully received has been repaid in full; and</text>
          </level>
          <level label="2">
            <text>the monetary penalty of 15% and interest at a rate of 1.5% a month on the total amount of benefit unlawfully received plus the monetary penalty have been paid in full; or</text>
          </level>
        </level>
        <level label="ii">
          <text>the Secretary determines that:</text>
          <level label="1">
            <text>in the Secretary’s sole discretion under § 8–809(f)(3) of this title, the benefit unlawfully received and interest are uncollectible; and</text>
          </level>
          <level label="2">
            <text>the claimant has paid the 15% monetary penalty in full; and</text>
          </level>
        </level>
      </level>
      <level label="3">
        <text>shall be disqualified from receiving benefits:</text>
        <level label="i">
          <text>if there were no other previous determinations made that the individual violated § 8–1301 of this subtitle during the immediately preceding 4 benefit years, for 1 year from the date on which a determination is made that the individual filed a claim involving a false statement, false representation, or failure to disclose a material fact;</text>
        </level>
        <level label="ii">
          <text>if there were previous determinations made that the individual violated § 8–1301 of this subtitle in only 1 of the immediately preceding 4 benefit years, for 2 years from the date on which a determination is made that the individual filed a claim involving a false statement, false representation, or failure to disclose a material fact; and</text>
        </level>
        <level label="iii">
          <text>if there were previous determinations made that the individual violated § 8–1301 of this subtitle in more than 1 of the immediately preceding 4 benefit years, for 3 years from the date on which a determination is made that the individual filed a claim involving a false statement, false representation, or failure to disclose a material fact.</text>
        </level>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>An employing unit or officer or agent of an employing unit who violates § 8–1303 of this subtitle 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.</text>
      </level>
      <level label="2">
        <text>A person who violates § 8–5A–08(b) or (d) of this title 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.</text>
      </level>
      <level label="3">
        <text>A person who violates § 8–1304 of this subtitle is guilty of a misdemeanor for each day the violation continues and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.</text>
      </level>
      <level label="4">
        <text>An employee or former employee of the Department who in the course of employment or duty has or had access to confidential unemployment insurance information maintained by the Department and who violates § 8–111 of this title 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.</text>
      </level>
      <level label="5">
        <text>A person who receives confidential unemployment insurance information under this title and who rediscloses, without authorization, or uses the confidential unemployment insurance information for a purpose other than that specified in the provision of law or agreement authorizing the use or disclosure of the confidential unemployment insurance information 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.</text>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1306" title_number="8" title_name="Unemployment Insurance" subtitle_number="13" subtitle_name="Prohibited Acts; Penalties">
    <text>A prosecution under § 8-1301, § 8-1302, or § 8-1305(a) of this subtitle shall be instituted within 3 years after the date on which the offense was committed.</text>
  </section>
</subtitle>