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Maryland Code, Labor and Employment § 8-1305

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(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.

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Cite this article: FindLaw.com - Maryland Code, Labor and Employment § 8-1305 - last updated January 01, 2025 | https://codes.findlaw.com/md/labor-and-employment/md-code-labor-and-emply-sect-8-1305/

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