Plain Text Law

Chapter 08. Sanctions

Regulation .01 Penalties.Copy Citation

A.
Late Filing Fee Penalty. Except as provided in §B of this regulation, the State Board shall assess a late filing fee for a failure to file the statement of contributions required under Election Law Article, §14-104, Annotated Code of Maryland, in the same method and manner as prescribed by Election Law Article, §13-331(b), Annotated Code of Maryland.
B.
Maximum Fee. The maximum fee assessed under §A of this regulation is $1,000.
C.
Retention Penalty. An officer or partner of a business entity doing public business who knowingly and willfully fails to retain records required under Election Law Article, §14-105(g), Annotated Code of Maryland may be subject to a fine not exceeding $1,000, or imprisonment not exceeding 1 year, or both.

Regulation .02 Referral for Prosecution.Copy Citation

A.
Show Cause Notice. If the State Board determines that there has been, for more than 30 days, a failure to file a statement of contributions by a person doing public business or that the statement of contributions does not include the information required by Election Law Article, §14-104, Annotated Code of Maryland, the State Board shall issue a notice prescribed in §B of this regulation to the person doing public business.
B.
Contents of the Notice. The notice shall demand that, within 30 days after its issuance of the notice:
(1)
The failure to file must be rectified and any late filing fee due be paid; or
(2)
The person doing public business shall show cause why the State Board should not ask the appropriate prosecuting authority to prosecute the person doing public business for a failure to file.
C.
Delivery. The notice shall be provided:
(1)
By first-class mail; and
(2)
To the officer authorized by the person to file the statement of contributions.
D.
Central Collection. In its discretion, the appropriate prosecuting authority may refer the matter for action to the Central Collection Unit within the Department of Budget and Management.
E.
Penalty. A person doing public business who fails, without cause, to file a statement of contributions and pay the late fee within 30 days after the issuance of the notice prescribed in §B is guilty of a misdemeanor and on conviction subject to the penalties prescribed in of the Election Law Article, §14-107, Annotated Code of Maryland.
Chapter annotations
Authority: Election Law Article, §§2-102(b)(4), 14-107, and 14-109, Annotated Code of Maryland
History: Effective date: February 29, 2016 (43:4 Md. R. 340)
History: Regulation .01 amended effective February 12, 2018 (45:3 Md. R. 159)
History: Regulation .01A, B amended effective July 11, 2022 (49:14 Md. R. 705)
History: Regulation .01C adopted effective September 12, 2016 (43:18 Md. R. 1018)
History: Regulation .02 adopted effective February 12, 2018 (45:3 Md. R. 159)