Maryland Statutes § 14-108 Civil penalty
Statute Text
(a)
(1)
A person who violates a provision of this title without knowing that the act is illegal shall pay a civil penalty in accordance with subsections (b) through (g) of this section.
(2)
A penalty imposed under this section may not exceed $5,000.
(3)
An infraction described in paragraph (1) of this subsection is a civil offense.
(b)
(1)
If the State Prosecutor determines that a person unintentionally, and without criminal intent, has violated a provision of this title, the State Prosecutor shall issue to the person a civil citation that contains:
(i)
the name and address of the person cited;
(ii)
the nature, time, and place of the violation;
(iii)
the manner in which the violation occurred;
(iv)
the maximum penalty for the violation;
(v)
the manner and time in which to pay the penalty;
(vi)
where to pay the penalty; and
(vii)
a statement that the person receiving the citation has a right to a trial in the District Court.
(2)
The State Prosecutor shall file the citation in the District Court.
(c)
The citation shall be served in accordance with the Maryland Rules.
(d)
(1)
On receipt of the return of service, the District Court shall schedule the case for trial and notify the person named in the citation of the trial date.
(2)
The trial in the District Court shall be conducted in the same manner as set forth for municipal infractions under §§
6-108
,
6-109
, and
6-111
through
6-115
of the Local Government Article.
(3)
The District Court shall distribute all late fees collected to the Fair Campaign Financing Fund established under §
15-103
of this article.
(4)
An adjudication of a violation under this subsection:
(i)
is not a criminal conviction; and
(ii)
does not carry with it any of the civil disabilities that arise from a criminal conviction.
(e)
A person who is adjudicated in violation as set forth in a citation issued under subsection (b) of this section is liable for the cost of the District Court proceedings.
(f)
If a person who has been served with a citation fails to appear for trial, the District Court, at the request of the State Prosecutor, may dismiss the citation or enter a civil judgment against the person:
(1)
in favor of the State Board;
(2)
in accordance with the Maryland Rules; and
(3)
in an amount not exceeding the maximum fine set forth in subsection (a) of this section and any late fees owed to the State Board.
(g)
A civil penalty imposed under this section shall be distributed to the Fair Campaign Financing Fund established under §
15-103
of this article.
History
Added by 2022 Md. Laws, Ch. 642 , Sec. 2 , eff. 7/1/2022 .
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