Maryland Code, LABOR AND EMPLOYMENT 8-1305
Terms Used In Maryland Code, LABOR AND EMPLOYMENT 8-1305
- Conviction: A judgement of guilt against a criminal defendant.
- including: means includes or including by way of illustration and not by way of limitation. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Statute: A law passed by a legislature.
(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.