§ 2-297. Enforcement.


Latest version.
  • (a)

    (1)

    Upon a finding of a violation of any provision of this Division, the Board may:

    (A)

    Issue an order of compliance directing the respondent to cease and desist from the violation;

    (B)

    Issue a reprimand; or

    (C)

    Recommend to the appropriate authority other appropriate discipline of the respondent, including censure or removal if that discipline is authorized by law.

    (2)

    If the Board finds that a respondent has violated Section 2-295 of this Division, the Board may:

    (A)

    Require a respondent who is a registered lobbyist to file any additional reports or information that is reasonably related to the information that is required under Section 2-295 of this Division;

    (B)

    Impose a fine not exceeding One Thousand Dollars ($1,000) for each violation; and

    (C)

    Suspend the registration of an individual registered lobbyist if the Board finds that the lobbyist has knowingly and willfully violated Section 2-295 of this Division or has been convicted of a criminal offense arising from lobbying activities.

    (b)

    Upon direction by the Board or the Council, the County Attorney may file a petition for injunctive or other relief in the Circuit Court for Prince George's County, or in any other court having proper venue for the purpose of requiring compliance with the provisions of this Division. The Court may:

    (1)

    Issue an order to cease and desist from the violation; or

    (2)

    Void an official action taken by an official or employee with a conflict of interest prohibited by this Division when the action arises from or concerns the subject matter of the conflict and if the legal action is brought within ninety (90) days of the occurrence of the official action, if the court deems voiding the action to be in the best interest of the public, provided, however, that the court may not void any official action appropriating public funds, levying taxes, or providing for the issuance of bonds, notes, or other evidence of public obligation; or

    (3)

    Impose a fine of up to One Thousand Dollars ($1,000.00) for any violation of the provisions of this Division, each day upon which the violation occurs constituting a separate offense.

    (c)

    Any person who knowingly and willfully violates the provisions of Section 2-295 of this Division is guilty of a misdemeanor, and upon conviction, is subject to a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment for not more than six (6) months, or both. If the person is a business entity and not a natural person, each officer and partner of the business entity who knowingly authorized or participated in the violation is guilty of a misdemeanor and, upon conviction, is subject to the same penalties as the business entity.

    (d)

    In addition to any other enforcement provisions of this Division, a person who is subject to the provisions of this Division and who is found by the Board, Council, or a court to have violated its provisions may be subject to termination or such other disciplinary action as may be warranted, or may be suspended from receiving payment of salary or other compensation pending full compliance with the terms of an order of the Board, Council, or a court.

    (e)

    Any person who is subject to the provisions of this Division shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to complete and substantiate any reports, statements, or records required to be made pursuant to this Division for three (3) years from the date of filing the report, statement, or record containing these items. These papers and documents shall be available for inspection upon request by the Board or the Council after reasonable notice.

(CB-26-1982; CB-36-2012)