Md. Code Regs. 19A.01.03.11

Current through Register Vol. 51, No. 22, November 1, 2024

Section 19A.01.03.11 - Commission Decision

A. A Commission decision following a hearing shall be:

(1) Made in accordance with its regular procedures as set forth in COMAR 19A.01.01; and

(2) Based on a preponderance of the evidence presented at the hearing as set forth in Regulation .10E of this chapter.

B. IIf, after a hearing, the Commission finds that a respondent has violated General Provisions Article, Title 5, Annotated Code of Maryland, the Commission shall issue a written report that:

(1) Includes findings of facts and conclusions of law for each of the violations alleged in the hearing notice; and

(2) Disposes of all disputed issues referenced in the hearing notice.

C. If the Commission finds that the respondent has not violated any of the provisions of General Provisions Article, Title 5, Annotated Code of Maryland, as alleged in the hearing notice, the Commission shall:

(1) Issue an order dismissing the complaint; and

(2) Promptly send a copy of the order to the complainant and the respondent.

D. Sanctions.

(1) If the Commission finds that the respondent has violated any of the provisions of General Provisions Article, Title 5, Annotated Code of Maryland, the Commission may take any action authorized in General Provisions Article, § 5-405 or Title 5, Subtitle 9, Annotated Code of Maryland.

(2) In determining the sanctions to impose in a matter involving a finding of a violation of General Provisions Article, Title 5, Subtitle 7, Annotated Code of Maryland, the Commission may consider all relevant factors, including:

(a) The extent to which the respondent derived financial benefit from the prohibited conduct;

(b) The willfulness of the prohibited conduct;

(c) Any history of violations of the Public Ethics Law by the respondent;

(d) The severity of the violation;

(e) The cost of investigating and prosecuting the case against the respondent;

(f) The necessity to protect the public interest and the integrity of the governmental process; and

(g) Any conviction of the individual regulated lobbyist of bribery, theft, or other crime involving moral turpitude based on acts arising from lobbying activities.

E. If the Commission finds that the respondent has violated the financial disclosure or lobbying reporting provisions of General Provisions Article, Title 5, Subtitles 6 and 7, Annotated Code of Maryland, the Commission shall impose late fees as set forth in General Provisions Article, § 5-405, Annotated Code of Maryland.

F. An order issued by the Commission pursuant to this regulation shall be served on the parties as set forth in Regulation .02F of this chapter.

G. A final default order issued pursuant to Regulation .10A of this chapter shall be issued as a final decision consistent with this regulation.

H. The Commission may seek judicial enforcement of any order issued pursuant to this regulation, or any other relief as provided in General Provisions Article, Title 5, Subtitles 2, 3, 4, and 9, Annotated Code of Maryland.

Md. Code Regs. 19A.01.03.11

Regulation .11 amended effective August 8, 2011 (38:16 Md. R. 946)
Regulations .11 under chapter "Enforcement Procedures" adopted effective September 26, 1994 (21:19 Md. R. 1635)
Regulation .11 amended effective 42:10 Md. R. 685, eff.5/25/2015