§ 8-1305
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/md/labor-and-employment/8-1305·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§8–1305.
(a)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.
(b)In addition to the penalty under subsection
(a)of this section, a person who violates § 8–1301 of this subtitle:
(1)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;
(2)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:
(i)the Secretary determines that:
1. the benefit unlawfully received has been repaid in full; and
2. 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
(ii)the Secretary determines that:
1. in the Secretary’s sole discretion under § 8–809(f)(3) of this title, the benefit unlawfully received and interest are uncollectible; and
2. the claimant has paid the 15% monetary penalty in full; and
(3)shall be disqualified from receiving benefits:
(i)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;
(ii)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
(iii)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.
(1)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.
(2)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.
(3)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.
(4)An employee of the Secretary or Board of Appeals who violates § 8–625 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.