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§ 2-1225. Reports on violations

West's Annotated Code of MarylandState GovernmentEffective: July 1, 2019

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 2. General Assembly (Refs & Annos)
Subtitle 12. Staff and Services--Department of Legislative Services (Refs & Annos)
Part IV. Office of Legislative Audits (Refs & Annos)
Effective: July 1, 2019
MD Code, State Government, § 2-1225
§ 2-1225. Reports on violations
Currentness
Violations
(a)(1) In addition to the reports under § 2-1224 of this subtitle, the Legislative Auditor shall report an apparent violation of any law on use of State funds by the unit of the State government or other body that is examined.
(2) A report under this subsection shall be submitted to:
(i) the Joint Audit and Evaluation Committee;
(ii) the Executive Director;
(iii) the unit or body that is the subject of the report; and
(iv) the Office of the Attorney General.
Criminal violations
(b)(1) If the Legislative Auditor discovers any alleged criminal violation by a person during the course of an examination, the Legislative Auditor shall report the alleged violation to the Attorney General and an appropriate State's Attorney.
(2) A report under this subsection shall ask the Attorney General and State's Attorney to take appropriate action.
(3) Unless the Attorney General or State's Attorney decides to prosecute an alleged criminal violation reported under this subsection, the Attorney General and State's Attorney shall keep the report of the Legislative Auditor under this subsection confidential.
(4) The Attorney General may investigate and prosecute any alleged criminal violation reported under this subsection and has all the powers and duties of a State's Attorney, including the use of a grand jury in any county or Baltimore City, to investigate and prosecute the alleged violation.
Response by Attorney General
(c)(1) The Office of the Attorney General shall respond, in writing, to a report received from the Legislative Auditor under this section.
(2) The response of the Attorney General shall include what actions, if any, were taken as a result of the findings of the Legislative Auditor.
(3) The response of the Attorney General shall be submitted to:
(i) the Joint Audit and Evaluation Committee;
(ii) the Executive Director;
(iii) the unit or body that is the subject of the report; and
(iv) the Legislative Auditor.

Credits

Added as State Government § 2-1220 by Acts 1984, c. 284, § 1, eff. Oct. 1, 1984. Amended by Acts 1994, c. 750, § 1, eff. Oct. 1, 1994. Renumbered as State Government § 2-1225 by Acts 1997, c. 635, § 2, eff. July 1, 1997; Acts 1997, c. 636, § 2, eff. July 1, 1997. Amended by Acts 1997, c. 635, § 2, eff. July 1, 1997; Acts 1997, c. 636, § 2, eff. July 1, 1997; Acts 2004, c. 241, § 1, eff. Oct. 1, 2004; Acts 2004, c. 242, § 1, eff. Oct. 1, 2004; Acts 2006, c. 512, § 1, eff. Oct. 1, 2006; Acts 2021, c. 109, § 5.
Formerly Art. 40, § 61B.
MD Code, State Government, § 2-1225, MD STATE GOVT § 2-1225
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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