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§ 5-902. Judicial relief

West's Annotated Code of MarylandGeneral ProvisionsEffective: April 25, 2024

West's Annotated Code of Maryland
General Provisions (Refs & Annos)
Title 5. Maryland Public Ethics Law (Refs & Annos)
Subtitle 9. Enforcement (Refs & Annos)
Effective: April 25, 2024
MD Code, General Provisions, § 5-902
Formerly cited as MD CODE, SG, § 15-902
§ 5-902. Judicial relief
In general
(a) The court may compel compliance with the Ethics Commission's order by:
(1) issuing an order to cease and desist from the violation; or
(2) granting other injunctive relief.
Special relief
(b)(1) The court may also:
(i) impose a fine:
1. not exceeding $5,000 for a violation of this title;
2. with each day that the violation occurs being a separate offense; and
3. which shall be paid to the State Treasurer and deposited in the General Fund; or
(ii) except as provided in paragraph (2) of this subsection, void an official act of an official or employee if:
1. the official or employee had a conflict of interest that is prohibited by this title;
2. the act arose from or concerned the subject matter of the conflict;
3. the proceeding was brought within 90 days after the act occurred; and
4. the court determines that the conflict had an impact on the act.
(2) The court may not void an official act that:
(i) appropriates public funds;
(ii) imposes a tax; or
(iii) provides for the issuance of a bond, a note, or any other evidence of public obligation.
Scope of relief
(c) After hearing the case, the court may grant all or part of the relief sought.

Credits

Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2024, c. 370, § 1, eff. April 25, 2024.
MD Code, General Provisions, § 5-902, MD GEN PROVIS § 5-902
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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