§ 14-308. Prohibited acts; penalties

   (a) Felony offenses. --

   (1) A person may not:

      (i) fraudulently obtain, hold, or attempt to obtain or hold certification;

      (ii) aid another person in performing an act prohibited under item (i) of this paragraph;

      (iii) willfully obstruct, impede, or attempt to obstruct or impede a State official or employee investigating the qualifications of a business entity that has requested certification;

      (iv) fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public moneys to which the person is not entitled under this subtitle; or

      (v) in any minority business enterprise matter administered under this subtitle:

         1. willfully falsify, conceal, or cover up a material fact by any scheme or device;

         2. make a false or fraudulent statement or representation; or

         3. use a false writing or document that the person knows to contain a false or fraudulent statement or entry.

   (2) Except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and:

      (i) fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority business enterprise in its bid or proposal;

      (ii) fail to notify the certified minority business enterprise before execution of the contract of its inclusion of the bid or proposal;

      (iii) fail to use the certified minority business enterprise in the performance of the contract; or

      (iv) pay the certified minority business enterprise solely for the use of its name in the bid or proposal.

   (3) A person who violates any provision of this subsection is guilty of a felony and on conviction is subject to a fine not exceeding $ 20,000 or imprisonment not exceeding 5 years or both.

(b) Misdemeanor offense. --

   (1) A person may not make a false statement about whether an entity has certification.

   (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 2,500 or imprisonment not exceeding 1 year or both.

(c) Fraud hotline. -- The Governor's Office of Minority Affairs shall make available a fraud hotline for reporting violations of this section.

HISTORY: SF § 11-148; 1988, ch. 48, § 2; 1989, ch. 423, § 2; 1995, ch. 116; 2001, ch. 339; 2009, chs. 292, 293.