Maryland Code § GP-8-106

Section GP-8-106
Open in Lexace · Ask the AI about this section
(a) No court in this State shall have jurisdiction over an action filed under
§ 8-104 of this title against any member of the Legislative Branch or the Judiciary of
the State, any member of the Governor's Executive Council, the Attorney General,
the Comptroller, or the State Treasurer if the action is based on evidence or
information known to the governmental entity when the action was filed.
(b) A civil action may not be brought under this title by a person who is or
was a public employee or public official if the allegations of the action are based
substantially on:
(1) allegations of wrongdoing or misconduct that the person had a
duty or an obligation to report or investigate within the scope of the person's public
employment or office; or
(2) information or records to which the person had access as a result
of the person's public employment or office.
(c) A person may not bring an action under § 8-104 of this title that is based
on allegations or transactions that are the subject of a civil action or an

administrative civil money penalty proceeding in which the governmental entity is
already a party.
(d) (1) Except as provided in paragraphs (2) and (3) of this subsection,
no court in this State shall have jurisdiction over an action filed under § 8-104 of this
title that is based on the public disclosure of allegations or transactions:
(i) in a criminal, a civil, or an administrative hearing;
(ii) in a legislative or an administrative report, a hearing, an
audit, or an investigation; or
(iii) from the news media.
(2) Paragraph (1) of this subsection does not apply if the action is
initiated by a person that:
(i) has direct and independent knowledge of the information
on which the allegations are based; and
(ii) has voluntarily provided the information to the
governmental entity before filing an action under § 8-104 of this title that is based
on the information.
(3) A governmental entity, through the Attorney General, may file a
civil action under § 8-103 of this title based on a public disclosure described in
paragraph (1) of this subsection.
(e) The governmental entity is not liable for expenses that a person incurs
in bringing an action under § 8-104 of this title.
(f) A person that is or was employed by the State, a local government, or
any other political subdivision of the State as an auditor, an investigator, an attorney,
a financial officer, or a contracting officer may not bring an action under § 8-104 of
this title that is based on allegations or transactions that the person discovered or
learned of while acting in the person's capacity as an auditor, an investigator, an
attorney, a financial officer, or a contracting officer for the State, local government,
or other political subdivision of the State.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.