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Md. Code, State Government § 2-1239

This is the official text of Md. Code, State Government § 2-1239, part of Maryland’s Code, State Government — covers the structure and operation of Maryland state government.

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§2–1239.

Official statutory text

(a) (1) In addition to the reports under § 2–1238 of this subtitle, the Director shall report an apparent violation of law by a unit of State government or other body that is examined.

(2) A report under this subsection shall be submitted to:

(i) the Joint Audit and Evaluation Committee;

(ii) the Executive Director;

(iii) the unit or body that is the subject of the report; and

(iv) the Office of the Attorney General.

(b) (1) If the Director discovers any alleged criminal violation by a person during the course of a performance evaluation, the Director shall report the alleged violation to the Attorney General and the appropriate State’s Attorney.

(2) A report under this subsection shall ask the Attorney General and State’s Attorney to take appropriate action.

(3) Unless the Attorney General or State’s Attorney decides to prosecute an alleged criminal violation reported under this subsection, the Attorney General and State’s Attorney shall keep the report of the Director under this subsection confidential.

(4) The Attorney General may investigate and prosecute any alleged criminal violation reported under this subsection and has all the powers and duties of a State’s Attorney, including the use of a grand jury in any county, to investigate and prosecute the alleged violation.

(c) (1) The Office of the Attorney General shall respond, in writing, to a report received from the Director under this section.

(2) The response of the Attorney General shall include what actions, if any, were taken as a result of the findings of the Director.

(3) The response of the Attorney General shall be submitted to:

(i) the Joint Audit and Evaluation Committee;

(ii) the Executive Director;

(iii) the unit or body that is the subject of the report; and

(iv) the Director.

Status: in_force · Read it on the official government site

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