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§ 8-1305. Penalties

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2016

West's Annotated Code of Maryland
Labor and Employment
Title 8. Unemployment Insurance (Refs & Annos)
Subtitle 13. Prohibited Acts; Penalties (Refs & Annos)
Effective: October 1, 2016
MD Code, Labor and Employment, § 8-1305
§ 8-1305. Penalties
Currentness
Violations of title
(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.
Violations of § 8-1301
(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.
Violations of certain other provisions
(c)(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.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1992, c. 22, § 1; Acts 2008, c. 36, § 6, eff. April 8, 2008; Acts 2013, c. 103, § 1, eff. Oct. 1, 2013; Acts 2016, c. 342, § 2, eff. Oct. 1, 2016.
MD Code, Labor and Employment, § 8-1305, MD LABOR & EMPLY § 8-1305
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.
End of Document