|
Maryland Register
Issue Date: December 12, 2025
Volume 52 • Issue 25 • Pages 1255 —1292
IN THIS ISSUE
Governor
Judiciary
Division of State Documents
Regulatory Review and Evaluation
Regulations
Special Documents
General Notices
|
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before November 24, 2025 5 p.m.
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of November 24, 2025.
Gail S. Klakring
Administrator, Division of State Documents
Office of the Secretary of State
|
|
Information About the Maryland
Register and COMAR
MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of
Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment,
repeal, or emergency action, must first be published in the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE
MARYLAND REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND
REGULATIONS (COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division
of State Documents. These depositories are listed in the first issue of the
Maryland Register published each year. For further information, call
410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf.
This table lists the regulations in numerical order, by their COMAR number,
followed by the citation to the Maryland Register in which the change occurred.
The Maryland Register serves as a temporary supplement to COMAR, and the two
publications must always be used together. A Research Guide for Maryland
Regulations is available. For further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are $15.00
per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested
persons may participate in the process by which administrative regulations are
adopted, amended, or repealed, and may also initiate the process by which the
validity and applicability of regulations is determined. Listed below are some
of the ways in which citizens may participate (references are to State
Government Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of all regulations
appearing in the Proposed Action on Regulations section of the Maryland
Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
• By petitioning an agency to issue a
declaratory ruling with respect to how any regulation, order, or statute
enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland
Register (ISSN 0360-2834).
Postmaster: Send address changes and other mail to: Maryland Register, State
House, Annapolis, Maryland 21401. Tel. 410-260-3876. Published biweekly, with
cumulative indexes published quarterly, by the State of Maryland, Division of
State Documents, State House, Annapolis, Maryland 21401. The subscription rate
for the Maryland Register is $225 per year (first class mail). All
subscriptions post-paid to points in the U.S. periodicals postage paid at
Annapolis, Maryland, and additional mailing offices.
Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Tracey A. Johnstone, Editor,
Maryland Register; Tarshia N.
Neal, Subscription Manager; Tami
Cathell, Help Desk, COMAR and Maryland Register Online.
Front cover: State House,
Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All
products purchased are for individual use only. Resale or other compensated
transfer of the information in printed or electronic form is a prohibited
commercial purpose (see State Government Article, §7-206.2, Annotated Code of
Maryland). By purchasing a product, the buyer agrees that the purchase is for
individual use only and will not sell or give the product to another individual
or entity.
Closing Dates for the Maryland
Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ................................................................... 1258
COMAR Research Aids
Table
of Pending Proposals ......................................................... 1259
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
01 Executive Department ..................................................... 1263
03 Comptroller of the Treasury ............................................ 1272
08 Department of Natural Resources ......................... 1268, 1273
09 Maryland Department of Labor .............................. 1268, 1275
10 Maryland Department of Health .................. 1266, 1268, 1276
11 Department
of Transportation .......................................... 1269
13A State Board of Education ................................................. 1265
14 Independent Agencies ..................................................... 1269
19A State Ethic Commission .................................................. 1279
26 Department of the Environment ...................................... 1269
33 State Board of Elections .................................................. 1280
34 Department of Planning ................................................... 1285
PERSONS
WITH DISABILITIES
Individuals
with disabilities who desire assistance in using the publications and services
of the Division of State Documents are encouraged to call (410) 974-2486, or
(800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.
The Governor
EXECUTIVE ORDER 01.01.2025.24.............................. 1263
The Judiciary
SUPREME COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS.................................. 1264
Regulatory Review and Evaluation
13A
STATE BOARD OF EDUCATION
Notice of Availability of Evaluation
Report 1265
Emergency Action on Regulations
10 MARYLAND DEPARTMENT OF
HEALTH
BOARD OF PHARMACY
Pharmacist
Administration of Vaccinations
. 1266
Final Action on Regulations
08 DEPARTMENT OF NATURAL
RESOURCES
FISHERIES SERVICE
Fish . 1268
Sharks . 1268
WILDLIFE
Open Seasons, Bag Limits for Game Birds and Game Animals 1268
09 MARYLAND DEPARTMENT OF
LABOR
COMMISSION OF REAL ESTATE APPRAISERS,
APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS — HOME INSPECTORS
Minimum Standards of Practice . 1268
10 MARYLAND DEPARTMENT OF
HEALTH
MARYLAND HEALTH CARE COMMISSION
Data Reporting by Non-Hospital Health Care
Facilities . 1268
11 DEPARTMENT OF
TRANSPORTATION
MOTOR VEHICLE ADMINISTRATION—VEHICLE
REGISTRATION
Registration Transfer 1269
14 INDEPENDENT AGENCIES
COMMISSION ON CRIMINAL SENTENCING
POLICY
General
Regulations . 1269
Criminal
Offenses and Seriousness Categories . 1269
26 DEPARTMENT OF THE
ENVIRONMENT
AIR QUALITY
Advanced Clean Trucks Program .. 1269
Maryland Heating Fuel Provider Reporting Program .. 1269
Proposed Action on Regulations
03 COMPTROLLER OF THE
TREASURY
OFFICE OF THE COMPTROLLER
General
Regulations . 1272
08 DEPARTMENT OF NATURAL
RESOURCES
BOATING—SPEED LIMITS AND OPERATION OF
VESSELS
Potomac
River 1273
South
River 1274
09 MARYLAND DEPARTMENT OF
LABOR
REAL ESTATE COMMISSION
Fees . 1275
DIVISION OF LABOR AND INDUSTRY
Maryland
Swimming Pool and Spa Standards
. 1275
10 MARYLAND DEPARTMENT OF
HEALTH
MEDICAL CARE PROGRAMS
Home
Health Services . 1276
Home
and Community-Based Services Waiver for Individuals with Brain Injury 1278
19A STATE ETHICS
COMMISSION
Disclosure Required by Members of Boards and Commissions 1279
Review
Procedures . 1279
Review
Procedures . 1279
33 STATE BOARD OF
ELECTIONS
MEETINGS AND TRAINING
Judges'
Manuals and Training . 1280
INSPECTION AND COPYING OF PUBLIC
RECORDS
Confidentiality
of Certain Information . 1280
ELECTION DAY ACTIVITIES
Order
and Decorum .. 1280
Challengers
or Watchers . 1280
Election
Judges . 1280
Language
Assistance Program .. 1280
CANVASSING
Definitions;
General Provisions . 1280
ABSENTEE BALLOTS
Issuance
and Return . 1280
PROVISIONAL VOTING
Canvass
of Ballots—Procedures . 1280
SPECIAL ELECTIONS BY MAIL
Issuance
and Return . 1280
34 DEPARTMENT OF PLANNING
HISTORICAL AND CULTURAL PROGRAMS
Historic
Revitalization Tax Credit Certifications . 1285
Special Documents
DEPARTMENT OF ENVIRONMENT . 1286
SUSQUEHANNA RIVER BASIN COMMISSION
Projects
Approved for Consumptive Uses of Water 1286
Grandfathering
Registration Notice . 1288
Minor Modification Notice . 1289
WATER
AND SCIENCE ADMINISTRATION
Water Quality
Certification 25-WQC-0002 . 1289
Water Quality
Certification 25-WQC-0039 . 1289
General Notices
STATE COLLECTION AGENCY LICENSING BOARD
Public
Meeting . 1291
COMMISSIONER OF FINANCIAL REGULATION
Public
Meeting . 1291
Public
Meeting . 1291
FIRE PREVENTION COMMISSION
Public
Meeting . 1291
MARYLAND VETERANS COMMISSION
Public
Meeting . 1291
COMAR
Online
The Code of Maryland
Regulations is available at www.dsd.state.md.us as a free service of the Office
of the Secretary of State, Division of State Documents. The full text of
regulations is available and searchable. Note, however, that the printed COMAR
continues to be the only official and enforceable version of COMAR.
The Maryland Register is
also available at www.dsd.state.md.us.
For additional
information, visit www.dsd.maryland.gov, Division
of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.
Availability
of Monthly List of
Maryland Documents
The Maryland Department of
Legislative Services receives copies of all publications issued by State
officers and agencies. The Department prepares and distributes, for a fee, a
list of these publications under the title ‘‘Maryland Documents’’. This list is
published monthly, and contains bibliographic information concerning regular
and special reports, bulletins, serials, periodicals, catalogues, and a variety
of other State publications. ‘‘Maryland Documents’’ also includes local
publications.
Anyone wishing to receive
‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department
of Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING DATES AND ISSUE DATES THROUGH
December 2026†
|
Issue
Date
|
Emergency
and Proposed
Regulations
5
p.m.*
|
Notices,
etc.
10:30
a.m.
|
Final
Regulations
10:30
a.m.
|
|
2025
|
|
|
|
|
December 26
|
December 8
|
December15
|
December17
|
|
2026
|
|
|
|
|
January 9
|
December22
|
December29
|
December31
|
|
January 23
|
January 5
|
January 12
|
January 14
|
|
February 6**
|
January 16
|
January 26
|
January 28
|
|
February 20
|
February 2
|
February 9
|
February 11
|
|
March 6**
|
February 13
|
February 23
|
February 25
|
|
March 20
|
March 2
|
March 9
|
March 11
|
|
April 3
|
March 16
|
March 23
|
March 25
|
|
April 17
|
March 30
|
April 6
|
April 8
|
|
May 1
|
April 13
|
April 20
|
April 22
|
|
May 15
|
April 27
|
May 4
|
May 6
|
|
May 29
|
May 11
|
May 18
|
May 20
|
|
June 12**
|
May 22
|
June 1
|
June 3
|
|
June 26
|
June 8
|
June 15
|
June 17
|
|
July 10
|
June 22
|
June 29
|
July 1
|
|
July 24
|
July 6
|
July 13
|
July 15
|
|
August 7
|
July 20
|
July 27
|
July 29
|
|
August 21
|
August 3
|
August 10
|
August 12
|
|
September 4
|
August 17
|
August 24
|
August 26
|
|
September18**
|
August 31
|
September 4
|
September 9
|
|
October 2
|
September14
|
September21
|
September23
|
|
October 16
|
September28
|
October 5
|
October 7
|
|
October 30**
|
October 9
|
October 19
|
October 21
|
|
November 13
|
October 26
|
November 2
|
November 4
|
|
November30***
|
November 9
|
November16
|
November18
|
|
December 11
|
November23
|
November30
|
December 2
|
|
December28***
|
December 7
|
December14
|
December16
|
† Please note that this table is provided for
planning purposes and that the Division of State Documents (DSD) cannot
guarantee submissions will be published in an agency’s desired issue. Although
DSD strives to publish according to the schedule above, there may be times when
workload pressures prevent adherence to it.
* Also note that proposal deadlines are for
submissions to DSD for publication
in the Maryland Register and do not take into account the 15-day AELR review
period. The due date for documents containing 8 to 18 pages is 48 hours before
the date listed; the due date for documents exceeding 18 pages is 1 week before
the date listed.
NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW
ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.
** Note closing date changes due to holidays.
*** Note issue date changes due to holidays.
The regular closing date for Proposals and
Emergencies is Monday.
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed
This table, previously printed in the
Maryland Register lists the regulations, by COMAR title, that have been
adopted, amended, or repealed in the Maryland Register since the regulations
were originally published or last supplemented in the Code of Maryland
Regulations (COMAR). The table is no longer printed here but may be found on
the Division of State Documents website at www.dsd.state.md.us.
Table of Pending Proposals
The table below lists proposed changes to
COMAR regulations. The proposed changes are listed by their COMAR number,
followed by a citation to that issue of the Maryland Register in which the
proposal appeared. Errata and corrections pertaining to proposed regulations
are listed, followed by “(err)” or “(corr),” respectively. Regulations
referencing a document incorporated by reference are followed by “(ibr)”. None
of the proposals listed in this table have been adopted. A list of adopted
proposals appears in the Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed.
01 EXECUTIVE DEPARTMENT
01.02.04.22 • 52:23 Md. R. 1141 (11-14-25)
02 OFFICE OF THE ATTORNEY GENERAL
02.06.04.01—.06 • 52:6 Md. R. 270 (3-21-25)
03
COMPTROLLER OF THE TREASURY
03.01.01.01 •
52:25 Md. R. 1272 (12-12-25)
05 DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
05.20.03.02—.04 • 52:22 Md. R. 1097 (10-31-25)
05.24.01.01—.04 • 52:13 Md. R. 660 (6-27-25)
07 DEPARTMENT OF HUMAN SERVICES
07.02.25.01—.24 • 51:19 Md. R. 861 (9-20-24)
07.05.01.02, .09, .14,.17 • 52:23 Md. R. 1142 (11-14-25)
07.05.02 .02, .13 • 52:23 Md. R. 1142 (11-14-25)
08 DEPARTMENT OF NATURAL RESOURCES
08.01.07.10 •
52:17 Md. R 878 (8-22-25)
08.01.10.01—.06 • 52:17 Md. R 878 (8-22-25)
08.02.11.01, .03 • 52:24 Md. R 1200 (12-01-25)
08.07.01.25 •
52:17 Md. R 878 (8-22-25)
08.07.06.25 • 52:17 Md. R 878 (8-22-25)
08.08.05.03 • 52:7 Md. R. 326 (4-4-25)
08.18.21.05 • 52:25 Md. R. 1273 (12-12-25)
08.18.25.04 •
52:25 Md. R. 1274 (12-12-25)
09 MARYLAND DEPARTMENT OF LABOR
09.03.06.02,.04 • 52:1 Md. R. 27 (1-10-25)
09.03.06.02,.04 • 52:2 Md. R. 79 (1-24-25) (corr)
09.03.06.02,.06,.16 • 51:14 Md. R. 685 (7-12-24)
09.03.09.06 • 52:7 Md. R. 328 (4-4-2025)
09.03.16.01—.10 • 52:24 Md. R 1201 (12-01-25)
09.10.01.07 • 52:20 Md. R 1007 (10-03-25)
09.10.03.01-2, .01-3 • 52:24 Md. R 1206 (12-01-25)
09.11.01.23 • 52:24 Md. R 1207 (12-01-25)
09.11.07.01 • 52:12 Md. R. 600 (6-13-25)
09.11.09.02 •
52:25 Md. R. 1275 (12-12-25)
09.12.56.03, .05 • 52:25 Md. R. 1275 (12-12-25) (ibr)
09.12.66.02, .03, .09—.20 • 52:23 Md. R.1143 (11-14-25) (ibr)
09.15.02 .11 •
52:22 Md. R. 1098 (10-31-25)
09.22.01.04, .15 • 52:6 Md. R. 273 (3-21-25)
• 52:16 Md. R. 850 (8-8-25)
09.22.01.04,.15 • 52:21 Md. R 1030 (10-17-25)
09.22.02.03, .05 • 52:6 Md. R. 273 (3-21-25)
• 52:16 Md.
R. 850 (8-8-25)
09.22.02.03,.05 • 52:21 Md. R 1030 (10-17-25)
09.30.01,.01—.10 • 52:2 Md. R 371 (4-18-25)
09.34.05.02 • 52:10 Md. R. 441 (5-16-25)
09.34.06.02.—07,.14 • 52:10 Md. R. 441 (5-16-25)
09.34.07.02 • 52:10 Md. R. 441 (5-16-25)
09.34.08.01—.03,.05—.08,.10—.12 • 52:10 Md. R.441
(5-16-25)
09.34.09.02 • 52:10 Md. R. 441 (5-16-25)
09.37.03.01, .02, .08 • 52:23 Md. R. 1146 (11-14-25)
09.42.01.01—.03 • 52:21 Md. R 1031 (10-17-25)
09.42.02.01—.10 • 52:21 Md. R 1034 (10-17-25)
09.42.03.01—.10 • 52:21 Md. R 1036 (10-17-25)
09.42.04.01—.12 • 52:22 Md. R. 1099 (10-31-25)
09.42.05.01—.05 • 52:21 Md. R 1040 (10-17-25)
10 MARYLAND DEPARTMENT OF HEALTH
Subtitles 01—08 (1st volume)
10.01.01.01—.12 • 52:23 Md. R. 1147 (11-14-25)
10.01.07.01, .02, .04—.10 • 52:24 Md.R 1207 (12-01-25) (ibr)
10.01.22.01—.10 • 52:23 Md. R. 1150 (11-14-25)
10.01.23.01—.10 • 52:23 Md. R. 1153 (11-14-25)
10.07.01.01,.38, .39 • 52:22 Md. R. 1104 (10-31-25)
10.07.01.02, .08, .09,
.28, .30 • 52:24 Md. R 1208
(12-01-25) (ibr)
Subtitle 09 (2nd volume)
10.09.02.07 • 52:5 Md. R. 241 (3-7-25) (ibr)
10.09.04.07 • 52:25 Md. R. 1276 (12-12-25)
10.09.11.11 • 52:3 Md. R. 162 (2-7-25)
10.09.11.11 •
52:24 Md. R 1209 (12-01-25)
10.09.12.01,.04—.06 • 52:3 Md. R. 164 (2-7-25)
10.09.23.04 •
52:24 Md. R 1210 (12-01-25)
10.09.24.02, .07, .12 • 52:24 Md. R 1209 (12-01-25)
10.09.37.03 • 52:5 Md. R. 242
(3-7-25)
10.09.43.10,.13
• 52:3 Md. R. 164 (2-7-25)
10.09.43.10, .13 • 52:24 Md. R 1209 (12-01-25)
10.09.46, .12 •
52:25 Md. R. 1278 (12-12-25)
10.09.53.04,.05 • 51:4 Md. R. 206 (2-23-24)
10.09.53.07 • 52:12 Md. R. 605 (6-13-25)
10.09.54.04, .22 • 52:12 Md. R. 606 (6-13-25)
10.09.76.04,.05 • 52:5 Md. R. 243
(3-7-25)
Subtitles 10—22 (3rd volume)
10.11.08.01, .02, .04, .06, .07 • 52:24 Md. R 1211 (12-01-25)
10.13.04.02,.03 • 52:22 Md. R. 1105 (10-31-25)
10.15.04.15,.16 • 52:21 Md. R 1045 (10-17-25)
10.15.06.03 •
52:22 Md. R. 1106 (10-31-25)
10.15.07.01 •
52:22 Md. R. 1107 (10-31-25)
10.15.13.01—.06 • 52:22 Md. R. 1107 (10-31-25)
10.16.07.02,.06,.15 • 52:22 Md. R. 1105 (10-31-25)
10.18.06.02 • 52:22 Md. R. 1109 (10-31-25)
10.19.04.01—.06, .12 • 52:23 Md. R. 1155 (11-14-25)
Subtitles
23—36 (4th volume)
10.25.07.02,.09—.12 • 51:24 Md. R. 1086 (12-2-24)
10.26.03.03,.06 • 52:24 Md. R 1212 (12-01-25)
10.26.04.02, .05, .10 • 52:24 Md. R 1212 (12-01-25)
10.27.02.01 • 52:12 Md. R. 609 (6-13-25)
10.27.05.07 • 52:12 Md. R. 609(6-13-25)
10.27.06.05 •
52:22 Md. R. 1109 (10-31-25)
10.27.10.02 • 52:16 Md. R. 856 (8-8-25)
10.27.18.01,.02 • 52:12 Md. R. 609 (6-13-25)
10.27.26.02 • 52:12 Md. R. 609 (6-13-25)
10.28.05.03 • 52:7 Md. R. 334 (4-4-25)
10.28.07.02 • 52:7 Md. R. 334 (4-4-25)
10.28.08.01—.04 • 52:7 Md. R. 334
(4-4-25)
10.28.11.04 • 52:7 Md. R. 334 (4-4-25)
10.28.12.02 • 52:7 Md. R. 334 (4-4-25)
10.32.03.01—.18 • 52:21 Md. R 1046 (10-17-25)
10.32.05.02—.06 • 52:11 Md. R. 563 (5-30-25)
10.32.05.06 • 52:22 Md. R. 1110 (10-31-25)
10.32.08.01,.02,.05,.06,.09, .12 • 52:22 Md. R. 1110 (10-31-25)
10.32.10 .01,
.02, .04, .05, .05-1, .05-2, .07, .08, .10—.12
• 52:23 Md. R. 1157 (11-14-25)
10.32.11.01, .02, .04, .06, .07, .10, .11, .13—.15 • 52:23 Md. R. 1160 (11-14-25)
10.32.20.02, .03, .06, .10, .11, .14—.16, .18 • 52:23 Md. R. 1162 (11-14-25)
10.32.21.02,.03-1,.03-2,.05,.10,.11,.20 • 52:22 Md. R. 1112 (10-31-25)
10.32.25.01—.06 • 52:13 Md. R. 670 (6-27-25)
10.33.01.01—.04 • 52:21 Md. R 1053 (10-17-25)
10.33.02.01—.14 • 52:21 Md. R 1053 (10-17-25)
10.33.03. .01—.10 • 52:21 Md. R 1053 (10-17-25)
10.33.04.01,.02 • 52:21 Md. R 1053 (10-17-25)
10.33.05.01,.02 • 52:21 Md. R 1053 (10-17-25)
10.33.06.01,.02 • 52:21 Md. R 1053 (10-17-25)
10.33.07.01—.13 • 52:21 Md. R 1053 (10-17-25)
10.33.08.01—.02 • 52:21 Md. R 1053 (10-17-25)
10.34.02.02,.03 • 52:24 Md. R 1215 (12-01-25)
10.34.19.01—.03, .05—.19 • 52:23 Md. R. 1164 (11-14-25)
Subtitles 37—52 (5th volume)
10.37.01.03
• 51:17 Md. R. 779 (8-23-24)
10.42.01.02, .04, .11• 52:5 Md. R. 245 (3-7-25)
10.42.02.02,06 • 52:14 Md. R 720 (7-11-25)
10.44.01.01—.30 • 52:17 Md. R 882 (8-22-25)
10.44.20.02 • 52:23 Md. R.1171 (11-14-25)
10.44.36.01—.07 • 52:23 Md. R.1172 (11-14-25) (ibr)
Subtitles
53—69 (6th volume)
10.60.01.01—.03,.06 • 52:22 Md. R. 1114 (10-31-25)
10.60.02.01,.04,.05 • 52:22 Md. R. 1114 (10-31-25)
10.65.01.06, .07, .09 • 52:24 Md. R 1216 (12-01-25)
10.65.02.04, .05 • 52:24 Md. R 1216(12-01-25)
10.65.03.02, .03, .05, .06 • 52:24 Md. R 1216 (12-01-25)
10.65.07.02 •
52:14 Md. R 721 (7-11-25)
10.65.12.01—.05 • 52:14 Md. R 721 (7-11-25)
10.67.01.01 • 52:3 Md. R. 166 (2-7-25)
10.67.06.13 • 52:3 Md. R. 166 (2-7-25)
10.69.01.01—.13 • 52:12 Md. R. 609 (6-13-25)
10.69.02.01—.06 • 52:12 Md. R. 609 (6-13-25)
10.69.03.01—.03 • 52:12 Md. R. 609 (6-13-25)
11 DEPARTMENT OF TRANSPORTATION
Subtitles
1—10
11.04.15.01—.04 • 52:11 Md. R. 568 (5-30-25)
11.08.01.01 • 52:22 Md. R. 1115 (10-31-25)
11.08.02.01—.05 • 52:22 Md. R. 1115 (10-31-25)
11.08.03.01 • 52:22 Md. R. 1115 (10-31-25)
11.08.04.01—.05 • 52:22 Md. R. 1115 (10-31-25)
Subtitles
11—23 (MVA)
11.11.05.02—.04, .06 • 52:13 Md. R. 682 (6-27-25)
11.13.13.01—.03 • 52:2 Md. R. 126 (1-24-25) (err)
11.14.01.01—.18 • 52:14 Md. R 723 (7-11-25)
11.14.02.01—.29 • 52:14 Md. R 723 (7-11-25)
11.14.03.01—.14 • 52:14 Md. R 723 (7-11-25)
11.14.04.01—.23 • 52:14 Md. R 723 (7-11-25)
11.14.05.01—.11 • 52:14 Md. R 723 (7-11-25)
11.14.06.01—.07 • 52:14 Md. R 723 (7-11-25)
11.15.14.02, .04—.06, .08 • 52:24 Md. R 1218 (12-01-25)
12 DEPARTMENT
OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
12.03.02.01—.11 • 52:24 Md. R 1219 (12-01-25)
12.10.07.01—.11 • 52:22 Md. R. 1119 (10-31-25)
13A STATE BOARD OF EDUCATION
13A.01.05.12 • 52:17 Md. R 889 (8-22-25)
13A.03.08.01—.08 • 52:14 Md. R 783 (7-11-25)
13A.04.13.01, .02 • 52:24 Md. R 1226 (12-01-25)
13A.05.04.01—.03 • 52:17 Md. R 889 (8-22-25)
13A.12.02.03 • 52:24 Md. R 1227 (12-01-25)
13A.15.01.02 • 51:25 Md. R. 1154 (12-13-24)
13A.15.01.02
• 52:23 Md. R. 1173 (11-14-25)
13A.15.04.03 • 51:25 Md. R. 1154 (12-13-24)
13A.15.04.03 • 52:23 Md. R. 1173 (11-14-25)
13A.15.13.09 • 51:25 Md. R. 1154 (12-13-24)
13A.15.16.01—.10 • 52:23 Md. R. 1173 (11-14-25)
13B MARYLAND HIGHER EDUCATION COMMISSION
13B.02.01.07
• 52:10 Md. R. 470 (5-16-25)
13B.08.20.02—.11, .13 • 52:13 Md. R. 688 (6-27-25)
13B.08.22.02
• 52:10 Md. R. 470 (5-16-25)
14 INDEPENDENT AGENCIES
14.01.04.05 • 51:25 Md. R. 1140 (12-13-24)
14.17.01.01 • 52:23 Md. R. 1177 (11-14-25)
14.17.02.04, .06 • 52:23 Md. R. 1177 (11-14-25)
14.17.05.05 • 52:23 Md. R. 1177 (11-14-25)
14.17.06.02, .04, .05, .11 • 52:23 Md. R. 1177 (11-14-25)
14.17.10.03,.07, .09 • 52:23 Md. R. 1177 (11-14-25)
14.17.11.03, .04, .17, .19 • 52:23 Md. R. 1177 (11-14-25)
14.17.12.02, .03, .11 • 52:23 Md. R. 1177 (11-14-25)
14.17.13.05 • 52:23 Md. R. 1177 (11-14-25)
14.17.14.04 • 52:23 Md. R. 1177 (11-14-25)
14.17.15.02, .05 • 52:23 Md. R. 1177 (11-14-25)
14.17.18.01 • 52:23 Md. R. 1177 (11-14-25)
14.17.21.02 • 52:23 Md. R. 1177 (11-14-25)
14.22.01.05 • 52:6 Md. R. 288 (3-21-25)
14.39.02.06 • 52:17 Md. R 900 (8-22-25)
14.39.02.12 • 51:23 Md. R. 1046 (11-15-24)
14.41.01.01— 16 • 52:10 Md. R. 472 (5-16-25)
18 DEPARTMENT
OF ASSESSMENTS AND TAXATION
18.02.03.03 • 52:24 Md. R 1228 (12-01-25)
18.02.03.06 • 52:24 Md. R 1229 (12-01-25)
18.02.10.01 • 52:24 Md. R 1229 (12-01-25)
19A STATE
ETHICS COMMISSION
19A.03.01.03, .04 • 52:25 Md. R. 1279 (12-12-25)
19A.04.03, .03 • 52:25 Md. R. 1279 (12-12-25)
19A.05.03, .01 • 52:25 Md. R. 1279 (12-12-25)
20 PUBLIC SERVICE COMMISSION
20.31.01.02 •
52:6 Md. R. 290 (3-21-25)
20.31.03.04 •
52:6 Md. R. 290 (3-21-25)
20.50.14.01—.13 • 52:24 Md. R 1230 (12-01-25) (ibr)
26 DEPARTMENT OF THE ENVIRONMENT
Subtitles 08—12 (Part 2)
26.09.01.02—.04 • 52:24 Md. R 1239 (12-01-25) (ibr)
26.09.02.03, .06, .07,
.10, .11 • 52:24 Md. R 1239
(12-01-25)
26.09.03.01—.09 • 52:24 Md. R 1239 (12-01-25)
26.09.04.03, .06 • 52:24 Md. R 1239 (12-01-25)
26.11.02.19 • 52:24 Md. R 1248 (12-01-25)
26.11.09.01, .07 • 52:12 Md. R. 627 (6-13-25)
Subtitles
13—18 (Part 3)
26.13.01.03—.05 • 52:10 Md. R. 478 (5-16-25)
26.13.02.01, .04, .04-1,
.04-7, .05, .06, .07, .07-1, .11, .13, .16, .19,.23 • 52:10 Md. R. 478 (5-16-25)
26.13.03.01,.01-1,.02,.03-3,.03-4,.03-5,.03-7,.05,.05-4,.06 • 52:10 Md. R. 478 (5-16-25)
26.13.04.01 • 52:10 Md. R. 478 (5-16-25)
26.13.05.01, .04, .05,.14 • 52:10 Md. R. 478 (5-16-25)
26.13.06.01, .02, .05, .22 • 52:10 Md. R. 478 (5-16-25)
26.13.07.01, .02, .02-6,
,17, .20,.20-1—.20-6 • 52:10 Md. R.
478 (5-16-25)
26.13.09.01 • 52:10 Md. R. 478 (5-16-25)
26.13.10.01, .04, .06,
.08, .09-1,.14, .16-1, .17, .19, .20, .25, .32—.49 • 52:10 Md. R. 478 (5-16-25)
26.13.11.01 • 52:10 Md. R. 478 (5-16-25)
Subtitles
19—30 (Part 4)
26.28.02.02 • 52:24 Md. R 1248 (12-01-25)
29 MARYLAND STATE POLICE
29.06.01.02, .05—.09, .14
• 52:3 Md.
R. 172 (2-7-25) (ibr)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS
(MIEMSS)
30.01.01.02 • 52:6 Md. R. 291 (3-21-25)
30.02.01.01 •
52:6 Md. R. 291 (3-21-25)
30.02.02.02—.09 • 52:6 Md. R. 291 (3-21-25)
31 MARYLAND INSURANCE ADMINISTRATION
31.04.22.03, .08 • 52:5 Md. R. 248
(3-7-25)
33 STATE BOARD OF ELECTIONS
33.02.03.05 • 52:25 Md. R. 1280 (12-12-25)
33.04.02.02—.04, .06 • 52:25 Md. R. 1280 (12-12-25)
33.05.01.04 • 52:13 Md. R. 690 (6-27-25)
33.07.04.02 • 52:25 Md. R. 1280
(12-12-25)
33.07.07.01—.03 • 52:25 Md. R. 1280 (12-12-25)
33.07.11.01 • 52:13 Md. R. 690 (6-27-25)
33.07.11.02 • 52:25 Md. R. 1280 (12-12-25)
33.07.12.01—.06 • 52:25 Md. R. 1280 (12-12-25)
33.08.01.02 , .02-1 • 52:25 Md. R. 1280 (12-12-25)
33.11.03.08 • 52:25 Md. R. 1280 (12-12-25)
33.14.02.14 • 52:5 Md. R. 249 (3-7-25)
33.14.02.14 • 52:15 Md. R. 821 (7-25-25)
33.16.05.03 • 52:25 Md. R. 1280 (12-12-25)
33.21.03.04 • 52:25 Md. R. 1280 (12-12-25)
34 DEPARTMENT OF
PLANNING
34.04.07.02, .03, .05 • 52:25 Md. R. 1285 (12-12-25)
36 MARYLAND STATE LOTTERY AND GAMING
CONTROL AGENCY
36.03.10.36 • 51:24 Md. R. 1118 (12-2-24)
• 52:17 Md. R 908 (8-22-25)
36.10.13.39 • 52:17 Md. R
908 (8-22-25)
The Governor
EXECUTIVE ORDER 01.01.2025.24
Providing
Emergency Energy Assistance to Marylanders
WHEREAS, On October 30, 2025, a State of Emergency
was declared via Executive Order 01.01.2025.20 due to the widespread economic
disruption and damage to the welfare of Marylanders caused by the prolonged
shutdown of federal government operations, pursuant to Title 14 of the Public
Safety Article of the Maryland Code;
WHEREAS, As a result of the prolonged federal government shutdown, now the
longest in our nation’s history, the federal administration failed to provide
funding for the federal fiscal year 2026 Low Income Home Energy Assistance
Program (“LIHEAP”) beginning on October 1, 2025;
WHEREAS, On average, approximately 13,000 eligible Maryland households
receive monthly LIHEAP benefits through the Maryland Energy Assistance Program
(“MEAP”) to heat their homes and power essential household and medical
equipment;
WHEREAS, Marylanders have already submitted over 90,000 MEAP applications
during the first four months of the State’s 2026 fiscal year, beginning July 1,
2025, which is nearly 25% higher than the approximately 72,000 applications
submitted during the same time period last year, due to increased heating costs
and demands;
WHERES, In addition to the impacts of
the federal government shutdown, which have exacerbated the needs of
Marylanders seeking assistance with utility payments, heating demand and the
average MEAP benefit is expected to increase in November as the weather gets colder;
WHEREAS, MEAP need in November is projected to be $10.1 million beyond the
limited carryover funds from the prior federal fiscal year, which has resulted
in a pause in the issuance of MEAP benefits since November 3, 2025;
WHEREAS, MEAP is currently using these carryover funds to prioritize
Maryland’s most vulnerable households, such as those with critically medically
fragile individuals, children aged two and under, and individuals 60 and older;
and
WHEREAS, It being necessary to protect the public health and welfare of
Marylanders, the Moore-Miller Administration will address this crisis by using
the Governor’s emergency powers to direct State funds to be used to ensure
Marylanders have access to MEAP benefits.
NOW THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF
MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS
OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY
ARTICLE, AND IN AN EFFORT TO PROTECT THE PUBLIC HEALTH AND WELFARE, HEREBY
PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
A. Until the State of Emergency is terminated:
1. The provisions of § 9-20B-05(f) of the State Government Article of the
Maryland Code, authorizing the permissible uses of the Maryland Strategic
Energy Investment Fund (“SEIF”), are hereby suspended for the purposes of
providing relief set forth in this Order; and
2. All other laws and regulations that might otherwise restrict a budget
amendment transferring funds from the SEIF to specified State agencies are
hereby suspended for the purposes of providing relief set forth in this Order.
B. Pursuant to Section A of this Order, the Secretary of Budget and
Management shall transfer funds from the SEIF to the Department of Human
Services in an amount determined in consultation with the Secretary of Human
Services that is necessary to continue the grant remittance necessary to
provide MEAP, Gas Arrearage Retirement Assistance, and Winter Crisis benefits
to eligible Marylanders.
C. The Secretary of Human Services shall ensure the funds transferred
pursuant to this Order are expended in the most efficient and expeditious
manner.
D. If any provision of this Executive Order or its application to any
person, entity, or circumstance is held invalid by any court of competent
jurisdiction, all other provisions or applications of the Executive Order shall
remain in effect to the extent possible without the invalid provision or
application. To achieve this purpose, the provisions of this Executive Order
are severable.
GIVEN Under My Hand and the Great Seal of the State of Maryland,
in the City of Largo, this 7th Day of November 2025.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[25-25-04]
The Judiciary
SUPREME COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS
IN THE SUPREME
COURT OF MARYLAND
DISCIPLINARY
PROCEEDINGS
* * * * * * * * * *
This is to certify that by an Opinion & Order of this Court dated
November 21, 2025 TRISTAN WADE GILLESPIE (CPF# 1512280005) as of November
21, 2025, Tristan Wade Gillespie has been indefinitely suspended, and his name
has been stricken from the register of attorneys in this Court. Notice of this
action is given in accordance with Maryland Rule 19-761(b).
* * * * * * * * * *
This is to certify that by an Order
of this Court dated November 24, 2025 GERARD THOMAS MCDONOUGH (CPF# 8105010163) as of November 24, 2025,
Gerard Thomas McDonough has been placed on disability inactive status by
consent, and his name has been stricken from the register of attorneys in this
Court. Notice of this action is given in accordance with Maryland Rule
19-761(b).
[25-25-11]
Regulatory Review and Evaluation
Regulations
promulgated under the Administrative Procedure Act will undergo a review by the
promulgating agency in accordance with the Regulatory Review and Evaluation Act
(State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This
review will be documented in an evaluation report which will be submitted to
the General Assembly’s Joint Committee on Administrative, Executive, and
Legislative Review. The evaluation
reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule). Notice that an evaluation report is available
for public inspection and comment will be published in this section of the
Maryland Register.
TITLE 13A
STATE BOARD OF EDUCATION
Notice of
Availability of Evaluation Report
Pursuant to State Government Article,
§10-135(b)(1), Annotated Code of Maryland, Regulatory Review and Evaluation
Act, and
Executive Order 01.01.2003.20, notice is
hereby given that the Evaluation Report regarding COMAR 13A.07, 13A.08, 13A.09,
13A.10, 13A.11, and 13A.12 is available for
public inspection and comment for a period of 60 days following the date of
this notice. This report may be reviewed by appointment at the Maryland State
Board of Education, 200 West Baltimore Street, 7th Floor, Baltimore,
MD 21201. Information and appointments may be obtained by contacting Madeline
Houck, Program Manager, Office of Government Affairs, at 443-938-1031 or by
email to [email protected]. The Report can also be found online at https://marylandpublicschools.org/about/Pages/Regulations/COMAR-13A.07-13A.12.aspx.
[25-25-05]
Emergency Action on Regulations
Symbol Key
• Roman
type indicates text existing before emergency status was granted.
• Italic
type indicates new text.
• [Single brackets] indicate deleted text.
Emergency Regulations
Under State
Government Article, §10-111(b), Annotated Code of Maryland, an agency may
petition the Joint Committee on Administrative, Executive, and Legislative
Review (AELR), asking that the usual procedures for adopting regulations be set
aside because emergency conditions exist. If the Committee approves the
request, the regulations are given emergency status. Emergency status means
that the regulations become effective immediately, or at a later time specified
by the Committee. After the Committee has granted emergency status, the
regulations are published in the next available issue of the Maryland Register.
The approval of emergency status may be subject to one or more conditions,
including a time limit. During the time the emergency status is in effect, the
agency may adopt the regulations through the usual promulgation process. If the
agency chooses not to adopt the regulations, the emergency status expires when
the time limit on the emergency regulations ends. When emergency status
expires, the text of the regulations reverts to its original language.
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 34 BOARD OF PHARMACY
10.34.32 Pharmacist
Administration of Vaccinations
Authority: Health Occupations Article, §§12-101, 12-102(b), 12-508,
and 12-6A-10, Annotated Code of Maryland
Notice of Emergency Action
[25-248-E]
The Joint Committee on Administrative, Executive, and Legislative
Review has granted emergency status to amendments to Regulations .02 and
.03, the repeal of existing Regulation .04, the amendment and
recodification of existing Regulation .07 to be Regulation .06,
and the recodification of existing Regulations .05, .06, and .08
to be Regulations .04, .05, and .07 under COMAR
10.34.32 Pharmacist Administration of Vaccines.
Emergency status began:
November 20, 2025.
Emergency status
expires: May 19, 2026.
Estimate of Economic Impact
The emergency action has no economic impact.
Economic Impact on Small Businesses
The emergency action has minimal or no economic impact on small
businesses.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(5) (text unchanged)
(6) [Practice Pharmacy.
(a)] “Practice pharmacy” means to engage in the
activities set forth in Health Occupations Article, §12-101(x)(1), Annotated
Code of Maryland. [any of the following activities:
(i) Providing pharmaceutical care;
(ii) Compounding, dispensing, or distributing prescription drugs or
devices;
(iii) Compounding or dispensing nonprescription drugs or devices;
(iv) Monitoring prescriptions and nonprescription drugs or devices;
(v) Providing information, explanation, or recommendations to
patients and health care practitioners about the safe and effective use of
prescription or nonprescription drugs or devices;
(vi) Identifying and appraising problems concerning the use or
monitoring of therapy with drugs or devices;
(vii) Acting within the parameters of a therapy management
contract, as provided under Health Occupations Article, Subtitle 6A, Annotated
Code of Maryland; or
(viii) Administering vaccinations in accordance with Health
Occupations Article, § 12-508, Annotated Code of Maryland;
(b) "Practice pharmacy" does not include the operations
of a person who holds a permit issued under Health Occupations Article,
§12-602, Annotated Code of Maryland.]
(7) (text unchanged)
(8) “Vaccination” means [a vaccination]:
(a) [That] A vaccination that is listed
in the Centers for Disease Control and Prevention’s Recommended Immunization
Adult Schedule [authorized by Health Occupations Article, §12-508,
Annotated Code of Maryland];
(b) [Recommended] A vaccination recommended
in the Centers for Disease Control and Prevention’s Health Information for
International Travel [authorized by Health Occupations Article, §12-508,
Annotated Code of Maryland];
(c) [Recommended] A vaccination recommended
for individuals between [11] 7 years old and 18 years old
by the Centers for Disease Control and Prevention’s Advisory Committee on
Immunization Practices for Persons aged 0 through 18 years old; [or]
(d) An influenza vaccination [authorized by Health
Occupations Article, §12-508, Annotated Code of Maryland];
(e) A COVID vaccination; or
(f) A vaccination approved or authorized by the U.S. Food and
Drug Administration.
(9) (text unchanged)
.03 Requirements to Administer Vaccinations.
A. Registration.
(1) (text unchanged)
(2) The registration form shall include verification from the
licensed pharmacist of the following:
[(a) Successful completion of a certification course
approved by the Board of Pharmacy that includes the current guidelines and
recommendations of the Centers for Disease Control and Prevention regarding
vaccinations; and]
(a) That the pharmacist has completed a practical training
program of at least 20 hours that is approved by the Accreditation Council for
Pharmacy Education and includes education on:
(i) Hands-on injection techniques;
(ii) Clinical evaluation of indication and contraindications of
vaccines;
(iii) The recognition and treatment of emergency reaction to
vaccines; and
(iv) Guidelines and recommendations of the Centers for Disease
Control and Prevention regarding vaccinations in effect on December 31, 2024;
and
(b) (text unchanged)
(3) A registration authorizing a licensed pharmacist to administer
vaccinations expires with the expiration of the license to practice pharmacy
unless the licensed pharmacist has completed:
(a) [Four] Two hours of continuing education credits related
to vaccinations; and
(b) (text unchanged)
(4) (text unchanged)
[B. A licensed pharmacist may administer an influenza
vaccination to an individual who is 9 years old or older in accordance with a
protocol that meets the requirements of Regulation .07 of this chapter.]
[B-1.] B. A licensed pharmacist may [only]
order and administer a vaccination [that is listed in the Centers
for Disease Control and Prevention’s recommended immunization schedule] in
accordance with a protocol that meets the requirements of Regulation .06 of
this chapter to an individual who is at least 3 years old provided that:
[(1) Is between 11 years old and 18 years old; and
(2) Has a prescription from an authorized prescriber.]
(1) The vaccine is:
(a) An influenza vaccine;
(b) A COVID vaccine; or
(c) Used in response to a public health emergency; and
(2) If the vaccination is administered to an individual under
the age of 18 years, the pharmacist shall:
(a) Inform the child vaccination patient and the adult caregiver
who is accompanying the child of the importance of well-child visits with a
pediatric primary care provider; and
(b) Refer the child vaccination patient to a pediatric care
provider when appropriate.
B-1.
(1) A pharmacist may order and administer a vaccination in
accordance with a protocol that meets the requirements of Regulation .06 of
this chapter to an individual who is at least 7 years old provided that:
(a) The vaccine:
(i) Is recommended by the Center for Disease Control and
Prevention Advisory Committee on Immunization Practices; or
(ii) Approved or authorized by the U.S. Food and Drug
Administration; and
(b) If the vaccination is administered to an individual under
the age of 18 years, the pharmacist shall:
(i) Inform the child vaccination patient and the adult caregiver
who is accompanying the child of the importance of well-child visits with a
pediatric primary care provider; and
(ii) Refer the child vaccination patient to a pediatric care
provider when appropriate.
(2) The recommendations of the Centers for Disease Control and
Prevention's Advisory Committee on Immunization Practices cited in this
regulation refer to federal statutes, rules, and guidance:
(a) In effect on December 31, 2024; or
(b) At a later date to account for any new vaccines recommended
by the Centers for Disease Control and Prevention's Advisory Committee on
Immunization Practices after December 31, 2024.
B-2. [Except as provided
in §§B and B-1 of this regulation, a]
A licensed pharmacist may order and administer to an adult a
vaccination in accordance with a protocol that meets the requirements of [Regulation .07] Regulation .06
of this chapter that is [:(1) Listed in the Center for Disease Control
and Prevention’s Recommended Immunization Schedule; or
(2)]
listed in the Center for Disease Control and Prevention’s Health
Information for International Travel.
C.—E. (text unchanged)
[.07] .06 Approved Protocols.
A.—B. (text unchanged)
C. The written protocol for each vaccine shall contain at least the
following elements:
(1)—(6) (text unchanged)
[(7) Process for verification of prescription for patients
11—17 years old for vaccinations other than the influenza vaccine;]
[(8)](7)—[(12)](11) (text
unchanged)
[(13)](12) Process for documenting and
maintaining a vaccination record including at least:
(a)—(e) (text unchanged)
(f) Documentation:
(i) Of at least one attempt to inform the patient’s primary care
provider, [or] and prescriber if the vaccination is
administered in accordance with a prescription, that the vaccination has
been administered; or
(ii) (text unchanged)
(g) Documentation of an attempt to inform the patient’s primary
care provider that the influenza vaccination has been administered [may]
is not [be] required; and
(h) (text unchanged)
D. (text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of Health
Final Action on Regulations
Symbol Key
• Roman type
indicates text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final action.
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
Notice of Final Action
[25-187-F]
On December 2, 2025, the Secretary of Natural Resources adopted
amendments to:
(1) Regulations .23, .26, and .27 under COMAR
08.02.05 Fish; and
(2) Regulations .02 and .03 under COMAR 08.02.22
Sharks.
This action, which was proposed for adoption in 52:21 Md. R.
1028—1030 (October 17, 2025), has been adopted as proposed.
Effective Date: December 22, 2025.
JOSH KURTZ
Secretary of Natural Resources
Subtitle 03 WILDLIFE
08.03.03 Open Seasons, Bag
Limits for Game Birds and Game Animals
Authority: Natural Resources Article, §§10-410, Annotated Code of
Maryland
Notice of Final Action
[25-219-F]
On December 2, 2025, the Secretary of Natural Resources adopted
amendments to Regulation .01 under COMAR 08.03.03 Open Seasons, Bag
Limits for Game Birds and Game Animals. This action, which was proposed for
adoption in 52:21 Md. R. 1030 (October 17, 2025), has been adopted as proposed.
Effective Date: December 22, 2025.
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 36 COMMISSION OF REAL ESTATE
APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS — HOME
INSPECTORS
09.36.07 Minimum Standards of Practice
Authority: Business Occupations and Professions Article,
§§16-208(a)(2) and 16-216(2), Annotated Code of Maryland
Notice of Final Action
[25-017-F]
On August 12, 2025, the Commission of Real Estate Appraisers,
Appraisal Management Companies, and Home Inspectors adopted amendments to Regulations .01—.13
under COMAR 09.36.07 Minimum Standards of Practice. This action, which was proposed for adoption
in 52:6 Md. R. 274—277 (March 21, 2025), has been adopted as proposed.
Effective Date: December 22, 2025.
PORTIA WU
Secretary of Labor
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 24 MARYLAND HEALTH CARE
COMMISSION
10.24.06 Data Reporting by Non-Hospital
Health Care Facilities
Authority: Health-General Article, §§19-109 and 19-116,
Annotated Code of Maryland
Notice of Final Action
[25-185-F]
On November 20, 2025, the Maryland Health Care Commission adopted
amendments to Regulations .01 and .02, the repeal of existing
Regulation .03, and the recodification of existing Regulation .04
to be Regulation .03 under COMAR 10.24.06 Data Reporting by
Non-Hospital Health Care Facilities. This action, which was proposed for
adoption in 52:19 Md. R. 958—959 (September 19, 2025), has been adopted as
proposed.
Effective Date: December 22, 2025.
MARCIA BOYLE
Acting Chair
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 15 MOTOR VEHICLE
ADMINISTRATION—VEHICLE REGISTRATION
11.15.11 Registration Transfer
Authority: Transportation Article, §§12-104(b ), 13-410, 13-501,
13-502.1, and 13-503.1, Annotated Code of Maryland
Notice of Final Action
[25-180-F]
On December 2, 2025, the Administrator of the Motor Vehicle
Administration adopted amendments to Regulation .02, the repeal of
existing Regulation .03, and new Regulation .03 under COMAR
11.15.11 Registration Transfer. This action, which was proposed for
adoption in 52:21 Md. R. 1075 (October 17, 2025), has been adopted as proposed.
Effective Date: December 22, 2025.
CHRISTINE NIZER
Administrator
Title 14
INDEPENDENT AGENCIES
Subtitle 22 COMMISSION ON CRIMINAL
SENTENCING POLICY
Notice of Final Action
[25-220-F]
On December 2, 2025, the Maryland State Commission on Criminal
Sentencing Policy adopted:
(1) Amendments to Regulations .09 and .15 under COMAR
14.22.01 General Regulations; and
(2) Amendments to Regulation .02 under COMAR 14.22.02
Criminal Offenses and Seriousness Categories.
This action, which was proposed for adoption in 52:21 Md. R.
1076—1079 (October 17, 2025), has been adopted as proposed.
Effective Date: January 1, 2026.
DAVID SOULE
Executive Director
Title 26
DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY
26.11.43 Advanced Clean Trucks
Program
Authority: Environment Article, §§1-404, 2-102, 2-103, 2-301,
2-1102, 2-1103, and 2-1103.1, Annotated Code of Maryland
Notice of Final Action
[25-149-F-I]
On December 2, 2025, the Secretary of the Environment adopted
amendments to Regulation .02 under COMAR 26.11.43 Advanced Clean
Trucks Program. This action, which was proposed for adoption in 52:19 Md.
R. 974—976 (September 19, 2025), has been adopted as proposed.
Effective Date: December 22, 2025.
SERENA MCILWAIN
Secretary of the Environment
Subtitle 11 AIR
QUALITY
26.11.44 Maryland
Heating Fuel Provider Reporting Program
Authority: Environment Article, §§1-404(b), 1-405,
2-101(b), 2-103(b)(1), 2-301(a)(1), §2-1203, 2-1204.2, Annotated Code of
Maryland
Notice of Final Action
[25-150-F-I]
On December 2, 2025, the Secretary of the Environment adopted new
Regulations .01—.06 under a new chapter, COMAR 26.11.44 Maryland
Heating Fuel Provider Reporting Program. This action, which was proposed
for adoption in 52:19 Md. R. 976—979 (September 19, 2025), has been adopted
with the nonsubstantive changes shown below.
Effective Date: December 22, 2025.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated
Code of Maryland, the Attorney General certifies that the following changes do
not differ substantively from the proposed text. The nature of the changes and
the basis for this conclusion are as follows:
Authority: This revision was made in response to comments regarding
the Department’s legal authority to regulate fuel providers and is intended to
highlight the Department’s broad investigatory authority in addition to the
authority initially provided. This change simply references existing law and it
does not change the substance of the regulation. As such, this change does not
increase the requirements or stringency of the regulation, nor does it decrease
the benefits of the regulation.
Additionally, because some commenters called the Department’s
authority into question, it could have been reasonably anticipated by those
involved in the rulemaking that the Department would point to additional legal
authority.
Regulation .01: The revisions are for clarification and align with
the Division of State Documents style manual.
Regulation .02: The revisions are for clarification and align with
the Division of State Documents style manual.
Regulation .03: These revisions to the definitions are to align
with the Division of State Documents style manual and add clarification.
Therefore, there is no change to the intent or impact of the regulation.
Regulation .05: This revision, made in response to public comment,
combines the four quarterly reports of monthly data into one annual report of
monthly data, and thus updates the reporting schedule. The regulation as
proposed would have resulted in earlier reporting of data, but because a full
year of data is needed for completing the Greenhouse Gas Emissions Inventory,
the Department’s ability to use the data is not affected. Though the Department
initially sought quarterly reporting for accountability and monitoring the
transition of covered parties to the new program, the concerns of stakeholders
regarding the time and expense associated with increased reporting outweigh the
benefit of increased Department oversight of data. Additionally, data reported
will still be provided at a monthly resolution, thereby supporting the
Department’s clean air and greenhouse gas reduction initiatives. Multiple
stakeholders requested this change due to the time and expense associated with
increased reporting, and as such it could have been reasonably anticipated by
those involved in the rulemaking. This change does not increase the
requirements or stringency of the regulation, nor does it decrease the benefits
of the regulation.
Regulation .06: The revisions are for clarification and to align
with the Division of State Documents style manual. A single clarification was
made to align with Regulation .05’s nonsubstantive change combining the four
quarterly reports of monthly data into one annual report of monthly data. This
change was made in response to public comment and while the regulation as
proposed would have resulted in earlier data reporting, the Department's
ability to use the data is not affected because a full year of data is needed
for completing the Greenhouse Gas Emissions Inventory. Although the Department
initially sought quarterly reporting for accountability and monitoring program
transition, the stakeholders' concerns regarding the time and expense
associated with increased reporting were deemed to outweigh the benefit of
increased Department oversight. The data provided will still be at a monthly
resolution, thereby supporting the Department’s clean air and greenhouse gas
reduction initiatives. Multiple stakeholders requested this change, making it a
reasonably anticipated outcome of the rulemaking process. This adjustment
neither increases the requirements or stringency of the regulation, nor does it
decrease its benefits.
.01 Purpose.
The purpose of this chapter is to establish reporting
requirements for heating fuel providers of the amount of heating fuel delivered
for final sale or consumption in [[Maryland]] the
State.
.02 Applicability.
This chapter applies to heating fuel providers delivering
heating fuel in [[Maryland]] the State.
.03 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1)—(2) (proposed text unchanged)
(3) Commercial Sector.
(a) (proposed text unchanged)
(b) “Commercial sector” includes:
(i)—(iv) (proposed text unchanged)
[[(iv)]] (v) (proposed text
unchanged)
(4) (proposed text unchanged)
(5) “Conservative missing data parameter” means data that are:
(a) (proposed text unchanged)
(b) Known to result in an amount of reported cubic feet,
gallons, or tons for a delivery of a heating fuel under Regulation .05 of this
chapter that is at least as large as the actual amount of the delivery.
(6) “Deliver” means, regarding a heating fuel, to physically
transfer, [[or]] instruct, or
otherwise cause to be physically transferred.
(7)—(10) (proposed text unchanged)
(11) Heating fuel.
(a)—(b) (proposed text unchanged)
(c) “Heating fuel” [[excludes]] does
not include:
(i)—(iv) (proposed text unchanged)
(12) “Heating fuel provider” means a person that delivers
heating fuel for final sale or consumption in [[Maryland]]
the State.
(13) (proposed text unchanged)
(14) Industrial Sector.
(a) (proposed text unchanged)
(b) “Industrial sector” includes the following types of
activity:
(i)—(ii) (proposed text unchanged)
[[(iv)]] (iii) (proposed text
unchanged)
[[(vi)]] (iv) (proposed text
unchanged)
[[(vii)]] (v) (proposed text
unchanged)
[[(viii)]] (vi) (proposed text
unchanged)
(15) Kerosene.
(a) “Kerosene” means a light petroleum distillate that
has a maximum distillation temperature of 400 degrees Fahrenheit at the
10-percent recovery point, a final boiling point of 572 degrees Fahrenheit, and
a minimum flash point of 100 degrees Fahrenheit [[and]]
.
(b) “Kerosene” includes:
(i) No. 1-K and
No. 2-K, as defined in ASTM D3699-25[[,]];
and [[range]]
(ii) Range or stove oil.
(16)—(25) (proposed text unchanged)
(26)
Propane.
(a) “Propane” means a straight-chain, paraffinic
hydrocarbon, C3H8, extracted from natural gas or refinery gas streams, which is
gaseous at standard temperature and pressure, boils at a temperature of -44
degrees Fahrenheit, and meets the specifications in ASTM D1835-22 [[and]]
.
(b) “Propane”
includes HD-5 and HD-10, as defined in ASTM D1835-22.
(27)—(28) (proposed
text unchanged)
(29) Wood and
Wood-derived Fuels.
(a) (proposed text unchanged)
(b) “Wood and
wood-derived fuels” includes:
(i) Round
wood (also known as cord wood);
(ii)—(xvi) (proposed text unchanged)
.05 Fuel Delivery Reports.
A. Beginning [[June
1, 2026]] April 1, 2027, and [[quarterly]]
annually thereafter, a heating fuel provider shall submit to the
Department a fuel delivery report of any heating fuel that the provider
delivered for final sale or consumption in [[Maryland]]
the State during the previous [[quarter]] calendar
year.
(1) The [[quarterly]] annual
fuel delivery report required under [[§A of this regulation]]
this section shall contain:
(a) The heating fuel provider’s name;
(b) The [[quarter]] year
covered by the report; and
(c) The following information separated by each county and
delineated by month:
(i) [[Separately for each County in Maryland]]
Subject to subparagraph (iii) of this paragraph, the total amount of
cubic feet, gallons, or tons of each heating fuel delivered by type, as
specified in Table 1 of §C of this regulation;
(ii) [[Separately for each County in Maryland]]
list the sector [[or sectors]] (i.e., commercial,
electric power, industrial, residential, or other energy-consuming sectors)
receiving the heating fuel as specified under §A(1)(c)(i) of this regulation;
and
(iii) [[Separately for each County in Maryland, if]]
If the total amount or the amount for any delivery of a heating fuel is
not specified in the heating fuel provider’s records, invoices, or other
documentation, a conservative missing data parameter for the total amount for
that product.
(2) The [[quarterly]] annual
fuel delivery report shall include an attestation by the heating fuel
provider that the report contains the required information, which is true
and correct to the best available knowledge of the heating fuel provider.
(3) The [[quarterly]] annual
report to be submitted pursuant to [[§A of this regulation]]
this section shall be submitted to the Department:
(a) (proposed text unchanged)
(b) No later than [[the first day of the third
month after the quarter covered by the report, as follows:]] April
1 following the end of the previous year.
[[(i) June 1 for the reporting period January through
March;
(ii) September 1 for the reporting period April through June;
(iii) December 1 for the reporting period July through
September; and
(iv) March 1 for the reporting period October through December.]]
B.—C. (proposed text unchanged)
.06 Recordkeeping Requirements.
A. [[Recordkeeping Requirements.]]
A person subject to this
chapter shall maintain the following records for at least [[five]]
5 years:
(1) Copies of the [[quarterly]]
annual reports submitted to the Department pursuant to Regulation .05
of this chapter;
(2)—(3) (proposed text unchanged)
B. (proposed text unchanged)
SERENA MCILWAIN
Secretary
Proposed Action on Regulations
Title 03
COMPTROLLER OF THE TREASURY
Subtitle
01 OFFICE OF THE COMPTROLLER
03.01.01 General Regulations
Authority: General
Provisions Article, §§4-201 and 4-206; State Government Article, §§10-122(a)
and 10-304(b); Tax-General Article, §§2-102 and 2-103; Annotated Code of
Maryland
Notice of Proposed
Action
[25-273-P]
The Comptroller of the
Treasury proposes to amend Regulation .01 under COMAR 03.01.01
General Regulations.
Statement of Purpose
The purpose of this action
is to limit the authority of the custodian of records to disclose or allow a
request for inspection or copying of any part of a public record that contains
personal sociological information and to increase the per page fee for physical
copies to adjust for inflation and more accurately reflect the agency's cost to
provide physical copies.
Estimate of Economic Impact
I. Summary of Economic Impact. Economic impact is expected
to be de minimus. Nearly all responses are able to be sent via electronic means
so physical copying is not required. Nothing in the amendment limits the
ability of a requester to ask for a waiver of fees.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
General Public
|
(-)
|
De
Minimus
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
F. Nearly all responses are able to be sent via electronic means so
physical copying is not required. Nothing in the amendment limits the ability
of a requester to ask for a waiver of fees.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Krista Sermon, Deputy Director, Legal
Division, Comptroller of the Treasury, Comptroller of Maryland, PO Box 2983,
Annapolis, MD 21404, or call 410-260-7467, or email to
[email protected]. Comments will be accepted through January 12, 2026.
A public hearing has not been scheduled.
.01 Inspection of Public Records.
A. In this regulation, “sociological information” means:
(1) Social Security number;
(2) Individual
taxpayer identification number;
(3) Federal employer
identification number;
(4) Personal street
address;
(5) Personal phone
number;
(6) Personal e-mail
address;
(7) Date of birth;
(8) Information regarding
marital status, dependents, or relatives;
(9) Information regarding
employment status, including employment application;
(10) Medical or
psychiatric history;
(11) Medical assistance;
(12) Educational history;
and
(13) Driver’s license
number.
[A.] B. All public records maintained by the
Comptroller, other than those which the Comptroller is authorized or required
to hold confidential under the Public Information Act, the Tax-General
Article, or other law, shall be open for inspection at any time
during regular business hours. A person seeking the right to inspect a public
record maintained by the Comptroller, other than by means of written request,
who is advised by the custodian that the Comptroller is authorized or required
to hold the record confidential under the Public Information Act, may pursue [his]
the request by making written application to the Comptroller of the
Treasury, State Treasury Building, Annapolis, Maryland.
[B.] C.— [C.] D. (text
unchanged)
[D.] E. The grant of a request for public
inspection includes the right to copy the public record or to have it copied by
the Comptroller's Office. If the Comptroller grants a request to inspect a
public record, in whole or in part, the notice mailed to the applicant shall
include the date, time, and place of the inspection, and the name of the
employee of [his] the Comptroller’s office to be contacted
by the applicant for this purpose.
[E.] F. If the Comptroller denies, in whole or
in part, a written request for the inspection of a public record in his
possession, [he] the Comptroller shall provide the
applicant, within 10 working days of the denial, with a written statement of
the grounds for the denial and the remedies available to the applicant for
review of his decision.
[F.] G. (text unchanged)
[G.] H. Charges for Copies, Print-Outs, Electronic
Files and Photographs.
(1) When the duplication is performed by the applicant or by an
employee of the Comptroller's Office without supervision by a senior official,
on conventional duplicating equipment located in an office of the Comptroller,
the charge for copies or photographs of a public record provided pursuant to
this regulation shall be [25] 50 cents per page. A charge
of [50 cents] $1 per page shall be made for copies which
the Comptroller is required to make in order to delete privileged or
confidential information from public records which an applicant will personally
inspect and for copies which must be made under the supervision of a senior
official.
(2) If copies or photographs cannot be made on equipment located in
the office where the public records are kept, the Comptroller shall cause the
copies to be made at a location of [his]the Comptroller’s
choosing, and shall charge for this service, in addition to charges incurred
for duplication, an amount sufficient to reimburse the State for the cost of
the time of an employee of [his] the Comptroller’s office
in supervising this copying.
(3) If the Comptroller is required to provide a print-out or
electronic file pursuant to this regulation, [he] the
Comptroller shall determine a reasonable charge for the print-out or
electronic file on a case-by-case basis, taking into account computer time,
programming, and material costs.
I. Except as provided in §J of this regulation, the custodian
may not disclose and shall deny a request for inspection or copying of any part
of a public record that contains sociological information relating to an
individual.
J. Subject to §B of this regulation, a custodian may disclose
sociological information:
(1) That is anonymized and aggregated;
(2) To other public officials and employees in the performance
of their public duties;
(3) To the person in interest or the agent or representative of
the person in interest;
(4) With the consent of the person in interest;
(5) Pursuant to a duly issued subpoena; or
(6) Pursuant to a court order.
BROOKE
LIERMAN
Comptroller of the Treasury
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle
18 BOATING—SPEED LIMITS AND OPERATION OF VESSELS
08.18.21 Potomac River
Authority: Natural
Resources Article, §8-704, Annotated Code of Maryland
Notice of Proposed
Action
[25-253-P]
The Secretary of Natural
Resources proposes to amend Regulation .05 under COMAR 08.18.21
Potomac River.
Statement of Purpose
The purpose of this action
is to establish a minimum wake speed zone on the Potomac River at Westmoreland
State Park. Westmoreland State Park is located on the Virginia side of the
river and is a popular area for water activities. The proposed action creates a
minimum wake speed zone that is approximately 800 yards in length, extends 100
yards from shore, and is effective at all times during the boating season
(April 15 through October 15). The zone begins at the park’s boat ramp and
encompasses the day use beach area.
The proposed action
addresses safety concerns at a heavily used state park during the summer
months. The minimum wake zone will reduce speeds of personal watercraft and boats, and reduce the risk of accidents
and physical harm from vessel traffic interacting with individuals on the beach
and in the swimming area.
Estimate of Economic
Impact
I. Summary of Economic Impact. The proposed action has a negative
economic impact on the Department.
II. Types of Economic
Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On
issuing agency:
|
|
|
|
Buoy Purchase
|
((E+)
|
$1,300
|
|
B. On
other State agencies:
|
NONE
|
|
|
C. On
local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost (-)
|
Magnitude
|
|
D. On
regulated industries or trade groups:
|
NONE
|
|
|
E. On
other industries or trade groups:
|
NONE
|
|
|
F.
Direct and indirect effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
A. This action requires
the Department to purchase two new buoys to delineate the speed zone. The buoys
are approximately $650 each. The waterway improvement fund has money designated
to mark waterways, which includes setting, retrieving, and maintaining buoys.
The impact of this regulation is a one time purchase of two new buoys for
marking the area. Staff will set, retrieve, and maintain buoys and Natural
Resources Police officers will enforce the speed limit in the course of their
normal duties.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Potomac River Boating Regulations,
Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating
Services, 580 Taylor Ave., E-4, Annapolis MD 21401, or call 410-260-8300, or
email to [email protected] or complete the comment form at
https://dnr.maryland.gov/boating/Pages/regulations/changes_boating.aspx.
Comments will be accepted through January 12, 2026. A public hearing has not
been scheduled.
.05 Potomac River Minimum
Wake Zones.
A.—B. (text unchanged)
C. Westmoreland State Park.
(1) Area. All of the waters of the Potomac River enclosed by a
line beginning at a point at or near Lat. 38°10.447' N., Long. 76°52.746' W.,
then running 34° True to a point defined by Lat. 38°10.495' N., Long.
76°52.705' W., then running 113° True to a point defined by Lat. 38°10.340' N.,
Long. 76°52.248' W., then running 204° True to a point at or near Lat.
38°10.295' N., Long. 76°52.273' W., then running along the shore to the point
of beginning.
(2) The area described in §C(1) of this regulation is a minimum wake
zone during the boating season.
JOSH KURTZ
Secretary of Natural
Resources
08.18.25 South River
Authority: Natural
Resources Article, §§8-703 and 8-704, Annotated Code of Maryland
Notice of Proposed
Action
[25-246-P]
The Secretary of Natural
Resources proposes to amend Regulation .04 under COMAR 08.18.25 South
River.
Statement of Purpose
The purpose of this action
is to extend the current speed zone in Duvall Creek, located in the South
River, to begin at the start of the Duvall Creek entrance channel. The proposed
action extends the current speed zone limit of 6 knots during the boating
season approximately 300 yards to the southwest. The proposed action aligns the
speed zone with the start of the channel and addresses safety and wake concerns
by controlling boat speeds directly at the channel entrance.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Duvall Creek Speed Zone Regulation,
Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating
Services, 580 Taylor Avenue, E-4, Annapolis, MD
21401, or call 410-260-8300, or email to
[email protected] or complete the comment form at
https://dnr.maryland.gov/boating/Pages/regulations/changes_boating.aspx#aacsriver.
Comments will be accepted through January 12, 2026. A public hearing has not
been scheduled.
.04 South River North Shore.
A.—G. (text unchanged)
H. Duvall Creek [encompasses the area north of a line
beginning at a point at or near Lat. 38° 55.733' N., Long. 76° 29.238' W., then
running 115° (True) to a point at or near Lat. 38° 55.673' N., Long. 76°
29.073' W., and running to the head of the creek. This area has a 6-knot speed
limit, during the boating season].
(1) Area. All of the waters north of a line beginning at a point
at or near Lat. 38° 55.652' N., Long. 76° 29.425' W., then running 116° True to
a point at or near Lat. 38° 55.542' N., Long. 76° 29.140' W.
(2) The speed limit for the area described in §H(1) of this
regulation is 6 knots during the boating season.
I.—L. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 11 REAL ESTATE COMMISSION
09.11.09 Fees
Authority: Business Occupations and Professions Article, §§17-213,
17-314, 17-315, and 17-403; Business Regulation Article, §§2-106.3 and
2-106.4; Annotated Code of Maryland
Notice of Proposed Action
[25-249-P]
The Maryland Real Estate Commission proposes to amend Regulation .02
under COMAR 09.11.09 Fees. This
action was considered at the Commission's business meetings on March 19, 2025,
and October 15, 2025.
Statement of Purpose
The purpose of this action is to create a distinct reinstatement
fee applicable to those who do not complete their required continuing education
within the established timeframe and secondly to establish and set a fee for
course providers to obtain approval for continuing education courses.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Scott Lederer, Executive Director, Maryland
Real Estate Commission, Maryland Department of Labor, 100 S. Charles Street,
Tower One, Baltimore, MD 21201, or call
410-230-6227, or email to [email protected]. Comments will be accepted
through January 12, 2026. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Maryland
Real Estate Commission during a public meeting to be held on January 21, 2026
at 10:30 AM, at https://meet.google.com/vtv-pycu-uep?authuser=0.
.02 Schedule of Fees.
Fees charged by the Commission are as follows:
A.—C. (text unchanged)
D. Reinstatement [of license/late fee — $168;] fees:
(1) Reinstatement of license—$168;
(2) CE Late fee—$75;
E.—H. (text unchanged)
I. CE Course Approval—$25.
DEMETRIA SCOTT
Chair
Subtitle
12 DIVISION OF LABOR AND INDUSTRY
09.12.56 Maryland Swimming Pool and Spa
Standards
Authority: Public Safety
Article, §§12-1203 and 12-1207(a)(2), Annotated Code of Maryland
Notice of Proposed
Action
[25-275-P-I]
The Secretary of Labor
proposes to amend Regulations .03 and .05 under COMAR 09.12.56
Maryland Swimming Pool and Spa Standards.
Statement of Purpose
The purpose of this action
is to adopt, through Incorporation by Reference, the 2024 International
Swimming Pool and Spa Code with amendments related to barrier requirements,
emergency shut-off switches, and toilet facilities in certain types of buildings.
Estimate of Economic
Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Mischelle F Vanreusel, Deputy Commissioner,
Division of Labor and Industry, 10946 Golden West Drive Suite 160, or call
410-767-2225, or email to [email protected]. Comments will
be accepted through January 12, 2026. A public hearing will be held on A public
hearing on the amendments will be held on December 19, 2025 at 10:30 a.m. at
10946 Golden West Drive, Suite 160, Hunt Valley, MD 21031.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the 2024 International Swimming
Pool and Spa Code (ISPSC), has been declared a document generally available to
the public and appropriate for incorporation by reference. For this reason, it
will not be printed in the Maryland Register or the Code of Maryland
Regulations (COMAR). Copies of this document are filed in special public
depositories located throughout the State. A list of these depositories was
published in 52:2 Md. R. 53 (January 24, 2025), and is available online at
www.dsd.maryland.gov. The document may also be inspected at the office of the
Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.
.03 Incorporation by
Reference.
The [2021] 2024 International Swimming Pool
and Spa Code (ISPSC), International Code Council, is incorporated by reference.
.05 Amendments.
A. In Section 305.1, replace the word “not” with “also”
to read “The provisions of this section shall apply to the design of barriers
for restricting entry into areas having pools and spas. Where spas or hot tubs
are equipped with a lockable safety cover complying with ASTM F1346 and
swimming pools are equipped with a powered safety cover that complies with ASTM
F1346, the areas where those spas, hot tubs or pools are located shall also be
required to comply with Sections 305.2 through 305.7”.
[A.] B. [Chapter 3. Rename Section 305.2 to “Applicability”] Rename
Section 305.2 to “Swimming pools and spas” and replace the text with
the following:
(1) A public swimming pool or spa shall be surrounded by a barrier
that complies with Sections 305.2.1 through 305.7, except that the top of the
barrier where measured on the side of the barrier that faces away from the
swimming pool or spa shall be not less than:
(a) 72 inches (1828mm) above grade for a Class A, B, C that
is considered an apartment complex, housing subdivision, or mobile home park
with more than ten units, or D swimming pool or spa;
(b) 60 inches (1524mm) above grade for a Class C that is
considered a hotel, motel, or condominium or E swimming pool or spa; and
(c) (text unchanged)
(2) Non-public [outdoor] swimming pools [and
spas and indoor swimming pools] shall be surrounded by a barrier that
complies with Sections 305.2.1 through 305.7.
(3) Except as provided in §B(4) of this regulation, Sections
305.2.4 - 305.2.5.1 shall only apply to non-public pools.
(4) Exception: For non-public spas or hot tubs equipped with a
lockable safety cover complying with ASTM F1346, the areas where those spas or
hot tubs are located shall not be required to comply with Sections 305.2.1
through 305.7.
[B.] C. In Section [307.1.4] 307.1.5, where “International Building
Code” appears, substitute “COMAR 09.12.53 Maryland Accessibility Code”
and, where “ICC A117.1” appears, substitute “COMAR 09.12.53 Maryland
Accessibility Code”
D. Replace Section 314.7 with the following:
“314.7 Emergency shutoff switch.
(a) An emergency shutoff switch shall be provided to disconnect
power to the recirculation systems.
(b) An emergency shutoff switch shall be provided to disconnect
power to feature pump systems, jet system pumps, and air blowers. These shutoff switches shall be: provided
with access; located within sight of the pool or spa; and located not less than
5 feet (1524 mm) horizontally from the inside walls of the pool or spa.
(c) Paragraphs (a) and (b) of this Section do not apply to
onground storable pools, permanent inground residential swimming pools,
residential spas and residential water features.”
[C.] E. In Section [324.7.1] 325.7.1, where
“International Fire Code” appears, substitute “COMAR 29.06.01 Maryland
State Fire Prevention Code.”
F. Replace Section 410.1 “Toilet facilities” with the following:
“410.1 “Toilet facilities". Class A, B, and C (if all units
are not within 500 feet) pools shall be provided with toilet facilities having
the required number of plumbing fixtures in accordance with the International
Building Code or the International Plumbing Code.”
G. Add to Section 609.2.1
“Exception: This requirement shall not apply to Class C semipublic pools (if
all units are within 500 feet).”
PORTIA WU
Secretary of Labor
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.04 Home Health Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and
15-141.2, Annotated Code of Maryland
Notice of Proposed Action
[25-266-P]
The Secretary of Health proposes to amend Regulation .07
under COMAR 10.09.04 Home Health Services.
Statement of Purpose
The purpose of this action is to update the jurisdictional home
health services payment rates to include a one-time, 2.7 percent increase of
the current payment rates effective January 1, 2025. This increase is based on
annual CMS Prospective Payment for home health services and in accordance with
the State budget allowance.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action
implements a one-time 2.7 percent rate increase for home health providers. The
total impact of this change on the Fiscal Year 2025 budget is $28,639.66.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of Health
|
(E+)
|
$28,639.66
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Medicaid Home Health Providers
|
(+)
|
$28,639.66
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. This amount assumes:
(a) Effective January 1, 2025, home health providers will receive a
one-time, permanent 2.7 percent rate increase.
(b) The average annual cost for these services for the last 3 years
is $2,121,456.44. The new annual cost
will be $2,178.735.76. This reflects an
annual total cost difference of $57,279.32.
(c) For the period January 1, 2025 through December 31, 2025, the
total cost ($28,639.66) is subject to a 50 percent blended federal match
($14,319.83) federal funds and ($14,319.83) general funds.
D. See A.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Many of the providers of home and community-based services under
this chapter are small businesses that will benefit from additional rate
increases under the provisions of the proposed action.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
Individuals with disabilities receive services provided under this
chapter and will benefit to the extent that improved funding will enable
providers to maintain quality services.
Opportunity for Public Comment
Comments may be sent to Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or
email to [email protected]. Comments will be accepted through January 12,
2026. A public hearing has not been scheduled.
.07 Payment Procedures.
A.—D. (text unchanged)
E. Payment Rates.
(1)—(4) (text unchanged)
(5) The fee schedule effective [July 1, 2022] January
1, 2025 is as follows:
|
Skilled Nurse
|
Home Health
Aide
|
Physical Therapy
|
Occupational
Therapy
|
Speech
Therapy
|
|
COUNTY
|
|
|
|
|
|
|
Allegany
|
[$126.74]$144.48
|
[$61.48]$70.09
|
[$137.07]$156.26
|
[$137.14]$156.33
|
[$137.67]$156.94
|
|
Anne Arundel
|
[$136.21]$155.27
|
[$66.07]$75.32
|
[$147.28]$167.89
|
[$150.45]$171.51
|
[$147.89] $168.59
|
|
Baltimore
|
[$136.21]$155.27
|
[$66.07]$75.32
|
[$147.28]$167.89
|
[$150.45]$171.51
|
[$147.89]$168.59
|
|
Calvert
|
[$149.52]$170.45
|
[$72.55]$82.70
|
[$161.70]$184.33
|
[$161.70]$184.33
|
[$162.18]$184.88
|
|
Caroline
|
[$162.98]$185.79
|
[$70.36]$80.21
|
[$166.59]$189.91
|
[$167.59]$191.05
|
[$172.04]$196.12
|
|
Carroll
|
[$136.21]$155.27
|
[$66.07]$75.32
|
[$147.28]$167.89
|
[$150.45]$171.51
|
[$147.89]$168.59
|
|
Cecil
|
[$156.35]$178.23
|
[$75.84]$86.45
|
[$169.06]$192.73
|
[$169.05]$192.71
|
[$169.70]$193.46
|
|
Charles
|
[$149.52]$170.45
|
[$72.55]$82.70
|
[$161.70]$184.33
|
[$161.70]$184.33
|
[$162.18]$184.88
|
|
Dorchester
|
[$162.98]$185.79
|
[$70.36]$80.21
|
[$166.59]$189.91
|
[$167.59]$191.05
|
[$172.04]$196.12
|
|
Frederick
|
[$149.52]$170.45
|
[$72.55]$82.70
|
[$161.70]$184.33
|
[$161.70]$184.33
|
[$162.18]$184.88
|
|
Garrett
|
[$157.60]$179.66
|
[$79.47]$90.60
|
[$135.22]$154.15
|
[$132.30]$150.82
|
[$144.85]$165.13
|
|
Harford
|
[$136.21]$155.27
|
[$66.07]$75.32
|
[$147.28]$167.89
|
[$150.45]$171.51
|
[$147.89]$168.59
|
|
Howard
|
[$136.21]$155.27
|
[$66.07]$75.32
|
[$147.28]$167.89
|
[$150.45]$171.51
|
[$147.89]$168.59
|
|
Kent
|
[$162.98]$185.79
|
[$70.36]$80.21
|
[$166.59]$189.91
|
[$167.59]$191.05
|
[$172.04]$196.12
|
|
Montgomery
|
[$149.52]$170.45
|
[$72.55]$82.70
|
[$161.70]$184.33
|
[$161.70]$184.33
|
[$162.18]$184.88
|
|
PrinceGeorge's
|
[$149.52]$170.45
|
[$72.55]$82.70
|
[$161.70]$184.33
|
[$161.70]$184.33
|
[$162.18]$184.88
|
|
Queen Anne's
|
[$136.21]$155.27
|
[$66.07]$75.32
|
[$147.28]$167.89
|
[$150.45]$171.51
|
[$147.89]$168.59
|
|
St. Mary's
|
[$162.98]$185.79
|
[$70.36]$80.21
|
[$166.59]$189.91
|
[$167.59]$191.05
|
[$172.04]$196.12
|
|
Somerset
|
[$162.98]$185.79
|
[$70.36]$80.21
|
[$153.08]$174.51
|
[$106.36]$121.25
|
[$172.04]$196.12
|
|
Talbot
|
[$162.98]$185.79
|
[$70.36]$80.21
|
[$166.59]$189.91
|
[$167.59]$191.05
|
[$172.04]$196.12
|
|
Washington
|
[$157.60]$179.66
|
[$82.43]$93.96
|
[$135.22]$154.15
|
[$132.30]$150.82
|
[$144.85]$165.13
|
|
Wicomico
|
[$162.98]$185.79
|
[$70.36]$80.21
|
[$153.08]$174.51
|
[$106.36]$121.25
|
[$172.04]$196.12
|
|
Worcester
|
[$162.98]$185.79
|
[$70.36]$80.21
|
[$153.08]$174.51
|
[$106.36]$121.25
|
[$172.04]$196.12
|
|
CITY
|
|
|
|
|
|
|
Baltimore
|
[$136.21]$155.27
|
[$66.07]$75.32
|
[$147.28]$167.89
|
[$150.45]$171.51
|
[$147.89]$168.59
|
|
WashingtonDC
|
[$149.52]$170.45
|
[$72.55]$82.70
|
[$161.70]$184.33
|
[$161.70]$184.33
|
[$162.18]$184.88
|
MEENA
SESHAMANI, MD, PHD
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.46 Home and
Community-Based Services Waiver for Individuals with Brain Injury
Authority: Health-General Article, §§2-104(b), 15-103, [and]
15-105, and 15-141.2, Annotated Code of Maryland
Notice of Proposed Action
[25-272-P]
The Secretary of Health proposes to amend Regulation .12
under COMAR 10.09.46 Home and Community-Based Services Waiver for
Individuals with Brain Injury.
Statement of Purpose
The purpose of this action is to update the Brain Injury Waiver
services fee schedule in accordance with the FY25 State Budget.
Estimate of Economic Impact
I. Summary of Economic Impact. Brain Injury Waiver: For
dates of service beginning July 1, 2024, the Maryland Medical Assistance
reimbursement rates for Brain Injury Waiver services will increase by 3
percent. This represents an estimated $1,149,906.75 increase in total
expenditures.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of Health
|
(E+)
|
$470,934
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
(1) Maryland Medicaid
Providers
|
(+)
|
$470,934
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A(1). This amount assumes:
(a) Brain Injury waiver services will continue to operate at
current levels. In FY24, brain injury services accounted for approximately
$15,697,800 in expenditures.
(b) Effective July 1, 2024, Brain Injury providers will receive a 3
percent rate increase.
(c) $15,697,800 x 0.03 = $470,934 accounting for the anticipated
increase in Medicaid expenditures in FY25
D. See A. above.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Many of the providers of home and community-based services under
this chapter are small businesses that will benefit from additional rate
increases under the provisions of the proposed action. To the extent that Brain
Injury Waiver providers qualify as small businesses, they will benefit from the
rate increase included in this action.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
Individuals with disabilities receive services provided under this
chapter and will benefit to the extent that improved funding will enable
providers to maintain quality services.
Opportunity for Public Comment
Comments may be sent to Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or
email to [email protected]. Comments will be accepted through January 12,
2026. A public hearing has not been scheduled.
.12 Payment Procedures.
A.—B. (text unchanged)
C. Payments.
(1) (text unchanged)
(2) The Program shall pay according to the following
fee-for-service schedule:
(a) Residential habilitation reimbursed at:
[(i) $266.64 from October 1, 2022 through June 30, 2023,
then effective July 1, 2023 at $274.64 per day for Level 1;
(ii)$353.06 from October 1, 2022 through June 30,2023, then
effective July 1, 2023 at $363.65 per day for Level 2; and
(iii) $488.43 from October 1, 2022 through June 30, 2023,
then effective July 1, 2023 at $503.08 per day for Level 3;]
(i) $305.51 per day for Level 1 effective July 1, 2024;
(ii) $404.52 per day for Level 2 effective July 1, 2024; and
(iii) $559.63 per day for Level 3 effective July 1, 2024;
(b) Day habilitation reimbursed at:
[(i) $68.84 from October 1, 2022 through June 30, 2023, then
effective July 1, 2023 at $70.91 per day for Level 1;
(ii) $120.09 from October 1, 2022 through June 30, 2023, then
effective July 1, 2023 at $123.69 per day for Level 2; and
(iii) $168.84 from October 1, 2022 through June 30, 2023, then
effective July 1, 2023 at $174.01 per day for Level 3;]
(i) $78.88 per day for Level 1 effective July 1, 2024;
(ii) $137.59 per day for Level 2 effective July 1, 2024; and
(iii) $193.57 per day for Level 3 effective July 1, 2024;
(c) Supported employment reimbursed at:
[(i) $40.84 from October 1, 2022 through June 30,
2023, then effective July 1, 2023 at $42.07 per day for Level 1;
(ii) $68.84 from October 1, 2022 through June 30, 2023, then
effective July 1, 2023 at $70.91 per day for Level 2; and
(iii) $168.84 from October 1, 2022 through June 30, 2023, then
effective July 1, 2023 at $174.01 per day for Level 3;]
(i) $46.80 per day for Level 1 effective July 1, 2024;
(ii) $78.88 per day for Level 2 effective July 1, 2024; and
(iii) $193.57 per day for Level 3 effective July 1, 2024;
(d) Individual support services (ISS): reimbursed at the [maximum
rate of $8.3440 per 15 minutes from October 1, 2022 through June 30, 2023, then
effective July 1, 2023 at $8.6000 per 15 minutes] rate of $9.5666 per
15 minutes effective July 1, 2024; and
(e) Individual support services—virtual: reimbursed at the rate
of $9.5666 per 15 minutes effective July 1, 2024.
(3)—(4) (text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of Health
Title 19A
STATE ETHICS COMMISSION
Notice of Proposed
Action
[25-268-P]
The State Ethics Commission proposes to
amend:
(1) Regulations .03 and .04
under COMAR 19A.03.01 Disclosure Required by Members of Boards and
Commissions;
(2) Regulation .03 under
COMAR 19A.04.03 Review Procedures; and
(3) Regulation .01 under COMAR
19A.05.03 Review Procedures. This action was considered at a public
meeting held on September 11, 2025, notice of which was provided on the State
Ethics Commission website https://ethics.maryland.gov/
Statement
of Purpose
The purpose of this action is to update
current regulations to reflect the changes to the Maryland Public Ethics Law
with the passage of 2025 legislation HB230/SB 251 (CH 73/74) and SB 109 (CH
299). The proposed action updates the
Model Laws for local governments and local boards of education to reflect these
changes. Additionally, the purpose of
this action is to clarify exemption review provisions related to financial
disclosure for State board members and local governments.
Estimate of Economic Impact
The
proposed action has no economic impact.
Economic Impact on Small Businesses
The
proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The
proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments
may be sent to Jennifer Allgair, Executive Director, State Ethics Commission,
45 Calvert Street, Third Floor, Annapolis, MD 21401, or call 410-260-7770, or
email to [email protected]. Comments will be accepted through
January 12, 2026. A public hearing has not been scheduled.
Note:
The appendices referred to in this chapter appear here.
Appendix A — Model
Ethics Law A
Authority: General Provisions Article, §§5-205 and 5-206, and Title
5, Subtitle 8, Annotated Code of Maryland
CHAPTER
____ — ETHICS PROVISIONS
Section 1. Short title.
This chapter may be cited as the *name of County, City or Town*
Public Ethics *Law or Ordinance*.
Section 2. Statement of purpose
and policy.
(a) The *County, City, or Town* of *name of County, City or
Town*, recognizing that our system of representative government is dependent in
part upon the people maintaining the highest trust in their public officials
and employees, finds and declares that the people have a right to be assured
that the impartiality and independent judgment of public officials and
employees will be maintained.
(b) It is evident that this confidence and trust is eroded
when the conduct of the *County, City, or Town*'s business is subject to
improper influence and even the appearance of improper influence.
(c) For the purpose of guarding against improper influence,
the *County, City, or Town* *name of Council or other legislative body* enacts
this Public Ethics *Law, Ordinance* to require *County, City, or Town* elected
officials, officials, employees, and individuals appointed to boards and
commissions to disclose their financial affairs and to set minimum standards
for the conduct of local government business.
(d) It is the intention of the *Council or other legislative
body* that this chapter, except its provisions for criminal sanctions, be
liberally construed to accomplish this purpose.
Section 3. Definitions.
In this chapter, the following terms have the meanings indicated.
(a) (1) "Business entity" means a
corporation, general or limited partnership, sole proprietorship, joint
venture, unincorporated association or firm, institution, trust, foundation, or
other organization, whether or not operated for profit.
(2) Business entity
does not include a governmental entity.
(b) "Commission" means the * name of County, City,
or Town* Ethics Commission established under §4(a) of this chapter.
(c) (1) "Compensation" means any money or
thing of value, regardless of form, received or to be received by any
individual covered by this chapter from an employer for service rendered.
(2) For the purposes
of §8 of this chapter, if lobbying is only a portion of a person's employment,
"compensation" means a prorated amount based on the time devoted to
lobbying compared to the time devoted to other employment duties.
(c-1) “Designated second home” means:
(1) If an individual owns one second home, the individual’s
second home; or
(2) If an individual owns more than one second home, any one
second home the individual identifies to the Commission as the individual’s
designated second home.
(d) "Doing business with" means:
(1) Having or negotiating a contract that involves the
commitment, either in a single or combination of transactions, of $5,000 or
more of *County, City, or Town* controlled funds;
(2) Being regulated by or otherwise subject to the authority
of *County, City, or Town*; or
(3) Being registered as a lobbyist under §8 of this chapter.
(e) (1) “Elected official” means any individual who
holds an elective office of *County, City, or Town.*
(2) “Elected official”
does not include the Sheriff, State’s Attorney, Register of Wills, or Clerk of
the Court.
(f) (1) “Employee” means an individual who is employed
by *County, City, or Town.*
(2) “Employee” does
not include an elected local official.
(3) “Employee” does not include an employee of:
(i) The offices of the Sheriff, State’s Attorney, Register of
Wills, or Clerk of the Court;
(ii) The County Health Department; or
(iii) The County Department of Social Services.
(g) "Financial interest" means:
(1) Ownership of any interest as the result of which the
owner has received, within the past 3 years, or is presently receiving, or in
the future is entitled to receive, more than $1,000 per year; or
(2) Ownership, or the ownership of securities of any kind
representing or convertible into ownership, of more than 3 percent of a
business entity by a *County, City, or Town* official or employee, or the
spouse of an official or employee.
(h) (1) "Gift" means the transfer of anything
of economic value, regardless of the form, without adequate and lawful
consideration.
(2) "Gift"
does not include a contribution as defined in Election Law Article, Annotated
Code of Maryland.
(h-1) “Home address” means the address of an individual’s:
(1) Principal home; and
(2) Designated second home, if any.
(i) “Immediate family” means a spouse and dependent children.
(j) (1) "Interest" means a legal or equitable
economic interest, whether or not subject to an encumbrance or a condition,
that is owned or held, in whole or in part, jointly or severally, directly or
indirectly.
(2) For purposes of §6
of this chapter, "interest" includes any interest held at any time
during the reporting period.
(3) "Interest" does not include:
(i) An interest held in the capacity of a personal agent,
custodian, fiduciary, personal representative, or trustee, unless the holder
has an equitable interest in the subject matter;
(ii) An interest in a time or demand deposit in a financial
institution;
(iii) An interest in an insurance policy, endowment policy,
or annuity contract under which an insurer promises to pay a fixed amount of
money either in a lump sum or periodically for life or a specified period;
(iv) A common trust fund or a trust which forms part of a
pension or profit sharing plan which has more than 25 participants and which
has been determined by the Internal Revenue Service to be a qualified trust
under the Internal Revenue Code;
(v) A college savings plan under the Internal Revenue Code;
or
(vi) A mutual fund or exchange-traded fund that is publicly
traded on a national scale unless the mutual fund or exchange-traded fund is
composed primarily of holdings of stocks and interests in a specific sector or
area that is regulated by the individual’s governmental unit.
(k) “Lobbyist” means a person required to register and report
expenses related to lobbying under §8 of this chapter.
(l) "Lobbying" means:
(1) Communicating in the presence of a *County, City, or
Town* official or employee with the intent to influence any official action of
that official or employee; or
(2) Engaging in activities with the express purpose of
soliciting others to communicate with a *County, City, or Town* official or
employee with the intent to influence that official or employee.
(m) “Official” means an elected official, an employee of the
*County, City, or Town*, or a person appointed to or employed by the *County,
City, or Town* or any *County, City, or Town* agency, board, commission, or
similar entity:
(1) Whether or not paid in whole or in part with *County,
City, or Town* funds; and
(2) Whether or not compensated.
(n) "Person" includes an individual or business
entity.
(n-1) “Principal home” means the sole residential property
that an individual occupies as the individual’s primary residence, whether
owned or rented by the individual.
(o) “Qualified relative” means a spouse, parent, child,
brother, or sister.
(p) “Quasi-governmental entity” means an entity that is
created by State statute, that performs a public function, and that is
supported in whole or in part by the State but is managed privately.
(q) “Second home” means a residential property that:
(1) An individual occupies for some portion of the filing
year; and
(2) Is not a rental property or a time share.
Section 4. Administration.
(a) (1) There is a * County, City or Town* Ethics
Commission that consists of ___ members, appointed by the *Mayor or other chief
executive officer* with the concurrence of the *Council or other legislative
body*.
(2) The Commission
members shall serve ____ year overlapping terms.
(3) A Commission member may serve until a successor is
appointed and qualifies.
(b) (1) The Commission shall elect a chairman from
among its members.
(2) The term of the
chairman is one year.
(3) The chairman may be reelected.
(c) (1) The *County, City, or Town* Attorney shall
assist the Commission in carrying out the Commission’s duties.
(2) If a conflict of
interest under §5 of this chapter or other conflict prohibits the *County,
City, or Town* Attorney from assisting the Commission in a matter, the *County,
City, or Town* shall provide sufficient funds for the Commission to hire
independent counsel for the duration of the conflict.
(d) The Commission is the advisory body responsible for
interpreting this chapter and advising persons subject to this chapter
regarding its application.
(e) The Commission shall hear and decide, with the advice of
the *County, City, or Town* Attorney or other legal counsel if appropriate, all
complaints filed regarding alleged violations of this chapter by any person.
(f) The Commission or an office designated by the Commission
shall retain as a public record all forms submitted by any person under this
chapter for at least four years after receipt by the Commission.
(g) The Commission shall conduct a public information and
education program regarding the purpose and implementation of this chapter.
(h) The Commission shall certify to the State Ethics
Commission on or before October 1 of each year that the *County, City, or Town*
is in compliance with the requirements of General Provisions Article, Title 5,
Subtitle 8, Annotated Code of Maryland, for elected local officials.
(i) The Commission shall:
(1) Determine if changes to this chapter are required to be
in compliance with the requirements of General Provisions Article, Title 5,
Subtitle 8, Annotated Code of Maryland; and
(2) Shall forward any recommended changes and amendments to
the *County, City, or Town* Council for enactment.
(j) (1) Any person subject to this chapter may request
an advisory opinion from the Commission concerning the application of this
chapter.
(2) The Commission
shall respond promptly to a request for an advisory opinion and shall provide
interpretations of this chapter based on the facts provided or reasonably
available to the Commission within 60 days of the request.
(3) In accordance with all applicable State and * County,
City, or Town* laws regarding public records, the Commission shall publish or
otherwise make available to the public copies of the advisory opinions, with
the identities of the subjects deleted.
(4) The Commission may adopt additional policies and
procedures related to the advisory opinion request process.
(k) (1) Any person may file a complaint with the
Commission alleging a violation of any of the provisions of this chapter.
(2) A complaint shall be in writing and under oath.
(3) The Commission may refer a complaint to the *County,
City, or Town* Attorney, or other legal counsel if appropriate, for
investigation and review.
(4) The Commission may dismiss a complaint if, after
receiving an investigative report, the Commission determines that there are
insufficient facts upon which to base a determination of a violation.
(5) If there is a reasonable basis for believing a violation
has occurred, the subject of the complaint shall be given an opportunity for a
hearing conducted in accordance with the applicable *County, City, or Town*
rules of procedure.
(6) A final determination of a violation resulting from the
hearing shall include findings of fact and conclusions of law.
(7) Upon finding of a violation, the Commission may take any
enforcement action provided for in §9 of this chapter.
(8)(i) After a complaint is filed and until a final finding
of a violation by the Commission, all actions regarding a complaint are
confidential.
(ii) A finding of a
violation is public information.
(9) The Commission may adopt additional policies and
procedures related to complaints, complaint hearings, the use of independent
investigators and staff, the use of witness and document subpoenas, and cure
and settlement agreements.
(l) The Commission may grant exemptions to or modifications
of the conflict of interest and financial disclosure provisions of this chapter
to officials or employees serving as members of *name of County, City or Town*
boards and commissions, when the Commission finds that the exemption or
modification would not be contrary to the purposes of this chapter, and the
application of this chapter would:
(1) Constitute an unreasonable invasion of privacy; and
(2) Significantly reduce the availability of qualified
persons for public service.
(m) The Commission may:
(1) Assess a late fee of $5 per day up to a maximum of $500
for a failure to timely file a financial disclosure statement required under §6
or 7 of this chapter; and
(2) Assess a late fee of $10 per day up to a maximum of
$1,000 for a failure to file a timely lobbyist registration or lobbyist report
required under §8 of this chapter.
Section 5. Prohibited conduct and
interests.
(a) Participation prohibitions.
(1) Except as permitted by Commission regulation or opinion,
an official or employee may not participate in:
(i) Except in the exercise of an administrative or
ministerial duty that does not affect the disposition or decision of the
matter, any matter in which, to the knowledge of the official or employee, the
official or employee or a qualified relative of the official or employee has an
interest.
(ii) Except in the exercise of an administrative or
ministerial duty that does not affect the disposition or decision with respect
to the matter, any matter in which any of the following is a party:
[(a)](A) A business entity in which the
official or employee has a direct financial interest of which the official or
employee may reasonably be expected to know;
(B) A business entity for which the official, employee, or a
qualified relative of the official or employee is an officer, director,
trustee, partner, or employee;
(C) A business entity with which the official or employee or,
to the knowledge of the official or employee, a qualified relative is
negotiating employment or has any arrangement concerning prospective
employment;
(D) If the contract reasonably could be expected to result in
a conflict between the private interests of the official or employee and the
official duties of the official or employee, a business entity that is a party
to an existing contract with the official or employee, or which, to the
knowledge of the official or employee, is a party to a contract with a
qualified relative;
(E) An entity, doing business with the *County, City, or
Town*, in which a direct financial interest is owned by another entity in which
the official or employee has a direct financial interest, if the official or
employee may be reasonably expected to know of both direct financial interests;
or
(F) A business entity that:
1. The official or employee knows is a creditor or obligee of
the official or employee or a qualified relative of the official or employee
with respect to a thing of economic value; and
2. As a creditor or obligee, is in a position to directly and
substantially affect the interest of the official or employee or a qualified
relative of the official or employee.
(2) A person who is disqualified from participating under
paragraph(1) of this subsection shall disclose the nature and circumstances of
the conflict and may participate or act if:
(i) The disqualification leaves a body with less than a
quorum capable of acting;
(ii) The disqualified official or employee is required by law
to act; or
(iii) The disqualified official or employee is the only
person authorized to act.
(3) The prohibitions of paragraph 1 of this subsection do not
apply if participation is allowed by regulation or opinion of the Commission.
(4) A former regulated lobbyist who is or becomes subject to
this chapter as an employee or official, other than an elected official or an
appointed official, may not participate in a case, contract, or other specific
matter as an employee or official, other than an elected official or appointed
official, for one calendar year after the termination of the registration of
the former regulated lobbyist if the former regulated lobbyist previously
assisted or represented another party for compensation in the matter.
(b) Employment and financial interest restrictions.
(1) Except as permitted by regulation of the Commission when
the interest is disclosed or when the employment does not create a conflict of
interest or appearance of conflict, an official or employee may not:
(i) Be employed by or have a financial interest in any
entity:
[(a)](A) Subject to the authority of the
official or employee or the *County, City, or Town* agency, board, or
commission with which the official or employee is affiliated; or
(B) That is negotiating or has entered a contract with the
agency, board, or commission with which the official or employee is affiliated;
or
(ii) Hold any other employment relationship that would impair
the impartiality or independence of judgment of the official or employee.
(2) The prohibitions of paragraph(1) of this subsection do
not apply to:
(i) An official or employee who is appointed to a regulatory
or licensing authority pursuant to a statutory requirement that persons subject
to the jurisdiction of the authority be represented in appointments to the
authority;
(ii) Subject to other provisions of law, a member of a board
or commission in regard to a financial interest or employment held at the time
of appointment, provided the financial interest or employment is publicly
disclosed to the appointing authority and the Commission;
(iii) An official or employee whose duties are ministerial,
if the private employment or financial interest does not create a conflict of
interest or the appearance of a conflict of interest, as permitted and in
accordance with regulations adopted by the Commission; or
(iv) Employment or financial interests allowed by regulation
of the Commission if the employment does not create a conflict of interest or
the appearance of a conflict of interest or the financial interest is
disclosed.
(c) Post-employment limitations and restrictions.
(1) A former official or employee may not assist or represent
any party other than the *County, City, or Town* for compensation in a case,
contract, or other specific matter involving the *County, City, or Town* if
that matter is one in which the former official or employee significantly
participated as an official or employee.
(2) A former elected official may not assist or represent
another party for compensation in a matter that is the subject of legislative
action for one calendar year after the elected official leaves office.
(d) Contingent compensation. Except in a judicial or quasi-judicial
proceeding, an official or employee may not assist or represent a party for
contingent compensation in any matter before or involving the *County, City, or
Town*.
(e) Use of prestige of office.
(1) (i) An official or employee may not intentionally
use the prestige of office or public position:
(a) For the private gain of that official or employee or the
private gain of another; or
(b) To influence, except as part of the official duties of
the official or employee or as a usual and customary constituent service
without additional compensation, the award of a state or local contract to a
specific person.
(ii) An official may not directly or indirectly initiate a
solicitation for a person to retain the compensated services of a particular
regulated lobbyist or lobbying firm.
(2) This subsection does not prohibit the performance of
usual and customary constituent services by an elected official without
additional compensation.
(3) (i) An official, other than an elected official, or
employee may not use public resources or the title of the official or employee
to solicit a contribution as that term is defined in the Election Law Article.
(ii) An elected
official may not use public resources to solicit a contribution as that term is
defined in the Election Law Article.
(f) Solicitation and acceptance of gifts.
(1) An official or employee may not solicit any gift.
(2) An official or employee may not directly solicit or
facilitate the solicitation of a gift, on behalf of another person, from an
individual regulated lobbyist.
(3) An official or employee may not knowingly accept a gift,
directly or indirectly, from a person that the official or employee knows or
has reason to know:
(i) Is doing business with or seeking to do business with the
*County, City or Town* office, agency, board, or commission with which the
official or employee is affiliated;
(ii) Has financial interests that may be substantially and
materially affected, in a manner distinguishable from the public generally, by
the performance or nonperformance of the official duties of the official or
employee;
(iii) Is engaged in an activity regulated or controlled by
the official’s or employee’s governmental unit;
(iv) Is a lobbyist with respect to matters within the
jurisdiction of the official or employee; or
(v) Is an association, or any entity acting on behalf of an
association that is engaged only in representing counties or municipal
corporations.
(4) (i) This paragraph does not apply to a gift:
[(a)](A) That would tend to impair the
impartiality and the independence of judgment of the official or employee
receiving the gift;
(B) Of significant value that would give the appearance of
impairing the impartiality and independence of judgment of the official or
employee; or
(C) Of significant value that the recipient official or
employee believes or has reason to believe is designed to impair the
impartiality and independence of judgment of the official or employee.
(ii) Notwithstanding paragraph (3) of this subsection, an
official or employee may accept the following:
[(a)](A) Meals and beverages consumed in
the presence of the donor or sponsoring entity;
(B) Ceremonial gifts or awards that have insignificant
monetary value;
(C) Unsolicited gifts of nominal value that do not exceed $20
in cost or trivial items of informational value;
(D) Reasonable expenses for food, travel, lodging, and
scheduled entertainment of the official or the employee at a meeting which is
given in return for the participation of the official or employee in a panel or
speaking engagement at the meeting;
(E) Gifts of tickets or free admission extended to an elected
official to attend a charitable, cultural, or political event, if the purpose
of this gift or admission is a courtesy or ceremony extended to the elected
official’s office;
(F) A specific gift or class of gifts that the Commission
exempts from the operation of this subsection upon a finding, in writing, that
acceptance of the gift or class of gifts would not be detrimental to the
impartial conduct of the business of the *County, City, or Town* and that the
gift is purely personal and private in nature;
(G) Gifts from a person related to the official or employee
by blood or marriage, or any other individual who is a member of the household
of the official or employee; or
(H) Honoraria for speaking to or participating in a meeting,
provided that the offering of the honorarium is in no way related to the
official’s or employee’s official position.
(g) Disclosure of confidential information. Other than in the
discharge of official duties, an official or employee or former official or
employee may not disclose or use confidential information, that the official or
employee acquired by reason of the individual’s public position or former
public position and that is not available to the public, for the economic
benefit of the official or employee or that of another person.
(h) An official or employee may not retaliate against an
individual for reporting or participating in an investigation of a potential
violation of the local ethics law or ordinance.
Section 6. Financial disclosure —
elected officials, officials, and employees.
(a) This section applies to all elected officials, all
candidates to be elected officials, and the following *County, City, or Town*
employees:
List by Job Title
(b) Except as provided in subsection (d) of this section, an
elected official, employee, or candidate to be an elected official shall file
the financial disclosure statement required under this subsection:
(1) On a form provided by the Commission;
(2) Under oath or affirmation; and
(3) With the Commission.
(c) Deadlines for filing statements.
(1) An incumbent official or employee shall file a financial
disclosure statement annually no later than April 30 of each year for the
preceding calendar year.
(2) An official or employee who is appointed to fill a
vacancy in an office for which a financial disclosure statement is required and
who has not already filed a financial disclosure statement shall file a
statement for the preceding calendar year within 30 days after appointment.
(3) (i) An individual who, other than by reason of
death, leaves an office for which a statement is required shall file a
statement within 60 days after leaving the office.
(ii) The statement
shall cover:
[(a)](A) The calendar year immediately
preceding the year in which the individual left office, unless a statement
covering that year has already been filed by the individual; and
(B) The portion of the current calendar year during which the
individual held the office.
(d) Candidates to be elected officials.
(1) Except for an official or employee who has filed a
financial disclosure statement under another provision of this section for the
reporting period, a candidate to be an elected official shall file a financial
disclosure statement each year beginning with the year in which the certificate
of candidacy is filed through the year of the election.
(2) A candidate to be an elected official shall file a
statement required under this section:
(i) In the year the certificate of candidacy is filed, no
later than the filing of the certificate of candidacy;
(ii) In the year of the election, on or before the earlier of
April 30 or the last day for the withdrawal of candidacy; and
(iii) In all other years for which a statement is required,
on or before April 30.
(3) A candidate to be an elected official:
(i) May file the statement required under §6(d)(2)(i) of this
chapter with the *County, City, or Town* Clerk or Board of Election Supervisors
with the certificate of candidacy or with the Commission prior to filing the
certificate of candidacy; and
(ii) Shall file the statements required under §6(d)(2)(ii)
and (iii)of this chapter with the Commission.
(4) If a statement required by a candidate is overdue and not
filed within 8 days after written notice of the failure to file is provided by
the *County, City, or Town* Clerk or Board of Election Supervisors, the
candidate is deemed to have withdrawn the candidacy.
(5) The *County, City, or Town* Clerk or Board of Election
Supervisors may not accept any certificate of candidacy unless a statement
required under this section has been filed in proper form.
(6) Within 30 days of the receipt of a statement required
under this section, the*County, City, or Town*, clerk or Board of Election
Supervisors shall forward the statement to the Commission, or an office
designated by the Commission.
(e) Public record.
(1) The Commission or office designated by the Commission
shall maintain all financial disclosure statements filed under this section.
(2) The Commission or office designated by the Commission
shall make financial disclosure statements available during normal office hours
for examination and copying by the public, subject to reasonable fees and
administrative procedures established by the Commission.
(3) If an individual examines or copies a financial
disclosure statement, the Commission or the office designated by the Commission
shall record:
(i) The name and home address of the individual reviewing or
copying the statement; and
(ii) The name of the person whose financial disclosure
statement was examined or copied.
(4) Upon request by the individual whose financial disclosure
statement was examined or copied, the Commission or the office designated by
the Commission shall provide the official or employee with a copy of the name
and home address of the person who reviewed the official’s or employee’s
financial disclosure statement.
(5) For statements filed after January 1, 2019, the
Commission or the office designated by the Commission may not provide public
access to an individual’s home address that the individual has designated as
the individual’s home address.
(6) The Commission or office designated by the Commission
shall not provide public access to information related to consideration
received from:
(i) The University of Maryland Medical System;
(ii) A governmental entity of the State or a local government
in the State; or
(iii) A quasi-governmental entity of the State or local
government in the State.
(f) Retention requirements. The Commission or the office
designated by the Commission shall retain financial disclosure statements for
four years from the date of receipt.
(g) An individual who is required to disclose the name of a
business under this section shall disclose any other names that the business is
trading as or doing business as.
(h) Contents of statement.
(1) Interests in real property.
(i) A statement filed under this section shall include a
schedule of all interests in real property wherever located.
(ii) For each interest in real property, the schedule shall
include:
[(a)](A) The nature of the property and
the location by street address, mailing address, or legal description of the
property;
(B) The nature and extent of the interest held, including any
conditions and encumbrances on the interest;
(C) The date when, the manner in which, and the identity of
the person from whom the interest was acquired;
(D) The nature and amount of the consideration given in
exchange for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired;
(E) If any interest was transferred, in whole or in part, at
any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for the
interest, and the identity of the person to whom the interest was transferred;
and
(F) The identity of any other person with an interest in the
property.
(2) Interests in corporations and partnerships.
(i) A statement filed under this section shall include a
schedule of all interests in any corporation, partnership, limited liability
partnership, or limited liability corporation, regardless of whether the
corporation or partnership does business with the *County, City, or Town*.
(ii) For each interest reported under this paragraph, the
schedule shall include:
[(a)](A) The name and address of the principal office of the
corporation, partnership, limited liability partnership, or limited liability
corporation;
(B) The nature and amount of the interest held, including any
conditions and encumbrances on the interest;
(C) With respect to any interest transferred, in whole or in
part, at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for the
interest, and, if known, the identity of the person to whom the interest was
transferred; and
(D) With respect to any interest acquired during the
reporting period:
1. The date when, the manner in which, and the identity of
the person from whom the interest was acquired; and
2. The nature and the amount of the consideration given in
exchange for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired.
(iii) An individual may satisfy the requirement to report the
amount of the interest held under item (ii)(B) of this paragraph by reporting,
instead of a dollar amount:
[(a)[(A) For an equity interest in a
corporation, the number of shares held and, unless the corporation’s stock is
publicly traded, the percentage of equity interest held; or
(B) For an equity interest in a partnership, the percentage
of equity interest held.
(3) Interests in business entities doing business with
*County, City, or Town*.
(i) A statement filed under this section shall include a
schedule of all interests in any business entity that does business with the
*County, City, or Town*, other than interests reported under paragraph (2) of
this subsection.
(ii) For each interest reported under this paragraph, the
schedule shall include:
[(a)](A) The name and address of the principal
office of the business entity;
(B) The nature and amount of the interest held, including any
conditions to and encumbrances on the interest;
(C) With respect to any interest transferred, in whole or in
part, at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received in exchange
for the interest, and, if known, the identity of the person to whom the
interest was transferred; and
(D) With respect to any interest acquired during the
reporting period:
1. The date when, the manner in which, and the identity of
the person from whom the interest was acquired; and
2. The nature and the amount of the consideration given in
exchange for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired.
(4) Gifts.
(i) A statement filed under this section shall include a
schedule of each gift in excess of $20 in value or a series of gifts totaling
$100 or more received during the reporting period from or on behalf of,
directly or indirectly, any one person who does business with the *County,
City, or Town* or from an association, or any entity acting on behalf of an
association that is engaged only in representing counties or municipal
corporations
(ii) For each gift reported, the schedule shall include:
[(a)](A) A description of the nature and value
of the gift; and
(B) The identity of the person from whom, or on behalf of
whom, directly or indirectly, the gift was received.
(5) Employment with or interests in entities doing business
with * County, City, or Town*.
(i) A statement filed under this section shall include a
schedule of all offices, directorships, and salaried employment by the
individual or member of the immediate family of the individual held at any time
during the reporting period with entities doing business with the *County,
City, or Town*.
(ii) For each position reported under this paragraph, the
schedule shall include:
[(a)](A) The name and address of the principal
office of the business entity;
(B) The title and nature of the office, directorship, or
salaried employment held and the date it commenced; and
(C) The name of each *County, City, or Town* agency with
which the entity is involved as indicated by identifying one or more of the
three categories of "doing business", as defined in §3(d) of this
chapter.
(6) Indebtedness to entities doing business with or regulated
by the individual’s *County, City, or Town* unit or department.
(i) A statement filed under this section shall include a
schedule of all liabilities, excluding retail credit accounts, to persons doing
business with or regulated by the individual’s *County, City, or Town* unit or
department owed at any time during the reporting period:
[(a)](A) [By the individual; or]By the
individual; or
(B) By a member of the immediate family of the individual if
the individual was involved in the transaction giving rise to the liability.
(ii) For each liability reported under this paragraph, the
schedule shall include:
[(a)](A) The identity of the person to whom the
liability was owed and the date the liability was incurred;
(B) The amount of the liability owed as of the end of the
reporting period;
(C) The terms of payment of the liability and the extent to
which the principal amount of the liability was increased or reduced during the
year; and
(D) The security given, if any, for the liability.
(7) Employment with * County, City, or Town*. A statement
filed under this section shall include a schedule of the immediate family
members of the individual employed by the *County, City, or Town* in any
capacity at any time during the reporting period.
(8) Sources of earned income.
(i) A statement filed under this section shall include a
schedule of the name and address of each [place] source of compensated employment
and of each business entity of which the individual or a member of the
individual’s immediate family was a sole or partial owner and from which the
individual or member of the individual’s immediate family received earned
income, at any time during the reporting period.
(ii) A minor child’s employment or business ownership need
not be disclosed if the agency that employs the individual does not regulate,
exercise authority over, or contract with the place of employment or business
entity of the minor child.
(iii) For a statement filed on or after January 1, 2019, if
the individual’s spouse is a lobbyist regulated by the *County, City, or Town*,
the individual shall disclose the entity that has engaged the spouse for
lobbying purposes.
(9) Relationship with University of Maryland Medical System,
State or Local Government, or Quasi-Governmental Entity.
(i) An individual shall disclose the information specified in
General Provisions Article §5-607(j)(1), Annotated Code of Maryland, for any
financial or contractual relationship with:
[(a)](A) The University of Maryland
Medical System;
(B) A governmental entity of the State or a local government
in the State; or
(C) A quasi-governmental entity of the State or local
government in the State.
(ii) For each financial or contractual relationship reported,
the schedule shall include:
[(a)](A) A description of the
relationship;
(B) The subject matter of the relationship; and
(C) The consideration.
(10) A statement filed under this section may also include a
schedule of additional interests or information that the individual making the
statement wishes to disclose.
(i) For the purposes of §6(h)(1), (2), and (3) of this
chapter, the following interests are considered to be the interests of the
individual making the statement:
(1) An interest held by a member of the individual’s
immediate family, if the interest was, at any time during the reporting period,
directly or indirectly controlled by the individual.
(2) An interest held, at any time during the applicable
period, by:
(i) A business entity in which the individual held a [(]10[)]%
or greater interest;
(ii) A business entity described in section(i) of this
subsection in which the business entity held a 25% or greater interest;
(iii) A business entity described in section (ii) of this
subsection in which the business entity held a 50% or greater interest; and
(iv) A business entity in which the individual directly or
indirectly, though an interest in one or a combination of other business
entities, holds a 10% or greater interest.
(3) An interest held by a trust or an estate in which, at any
time during the reporting period:
(i) The individual held a reversionary interest or was a
beneficiary; or
(ii) If a revocable trust, the individual was a settlor.
(j) (1) The Commission shall review the financial
disclosure statements submitted under this section for compliance with the
provisions of this section and shall notify an individual submitting the
statement of any omissions or deficiencies.
(2) The *County, City,
or Town* Ethics Commission may take appropriate enforcement action to ensure
compliance with this section.
Section 7. Financial disclosure —
appointed members of boards and commissions.
(a) (1) The *County, City, or Town* appointed officials
listed in paragraph (b) of this section shall file the statement required by §6
of this chapter.
(2) The appointed
officials shall be required to disclose the information specified in §6(g) of
this chapter only with respect to those interests, gifts, compensated
positions, and liabilities that may create a conflict, as provided in §5 of
this chapter, between the member’s personal interests and the member’s official
local duties.
(3) An official shall file a statement required under this
section annually, not later than April 30 of each calendar year during which
the official holds office.
(b) Appointed officials required to file:
(list of appointed official
titles)
(c) The Commission shall maintain all disclosure statements
filed under this section as public records available for public inspection and
copying as provided in §6(e) of this chapter.
Section 8. Lobbying.
(a) Except as provided in subsections (b) and (c) of this
section, a person or entity who engages in lobbying as defined in §3(l) shall
file a lobbying registration with the Commission if the person or entity,
during the calendar year:
(1) Expends, exclusive of personal travel and subsistence
expenses, in excess of $____ in furtherance of this activity; or
(2) Is compensated in excess of $_____ in connection with
this activity.
(b) The following activities are exempt from regulation under
this section:
(1) Professional services in drafting bills or in advising
and rendering opinions to clients as to the construction and effect of proposed
or pending *Council or other legislative body* actions when these services do
not otherwise constitute lobbying activities;
(2) Appearances before the *Council or other legislative
body* upon its specific invitation or request if the person or entity engages
in no further or other activities in connection with the passage or defeat of
*Council or other legislative body* actions;
(3) Appearances before a *County, City, or Town* agency upon
the specific invitation or request of the agency if the person or entity
engages in no further or other activities in connection with the passage or
defeat of any agency executive action;
(4) Appearance as part of the official duties of a duly
elected or appointed official or employee of the State or a political
subdivision of the State, or of the United States, and not on behalf of any
other entity;
(5) Actions of a publisher or working member of the press,
radio, or television in the ordinary course of the business of disseminating
news or making editorial comment to the general public who does not engage in
further or other lobbying that would directly and specifically benefit the
economic, business, or professional interests of the person or entity or the
employer of the person or entity;
(6) Appearances by an individual before the *Council or other
legislative body* at the specific invitation or request of a registered
lobbyist if the person performs no other lobbying act and notifies the *Council
or other legislative body* that the person or entity is testifying at the
request of the lobbyist;
(7) Appearances by an individual before a government agency
at the specific invitation or request of a registered lobbyist if the person or
entity performs no other lobbying act and notifies agency that the person or
entity is testifying at the request of the lobbyist;
(8) The representation of a bona fide religious organization
solely for the purpose of protecting the right of its own members to practice
the doctrine of the organization; and
(9) Appearance as part of the official duties of an officer,
director, member, or employee of an association engaged exclusively in lobbying
for counties and municipalities and not on behalf of any other entity.
(c) Limited exemption — employer of a lobbyist.
(1) A person or entity who compensates one or more lobbyists
and who would otherwise be required to register as a lobbyist is not required
to file a registration and submit lobbying reports if the person or entity
reasonably believes that all expenses incurred in connection with the lobbying
activities will be reported by a properly registered person or entity acting on
behalf of the person or entity.
(2) A person or entity exempted under this subsection becomes
subject to this section immediately upon failure of the lobbyist to report any
information required under this section.
(d) (1) The registration filed under this section shall
be filed on or before the later of the beginning of the calendar year in which
the person or entity expects to lobby and within five days of first engaging in
lobbying activities in the calendar year.
(2) The registration
filed under this section:
(i) Shall be dated and on a form developed by the Commission;
(ii) Shall include:
[(a)](A) The lobbyist's full and legal
name and permanent address;
(B) The name, address, and nature of business of any person
or entity on whose behalf the lobbyist acts; and
(C) The written authorization of any person or entity on
whose behalf the lobbyist acts or an authorized officer or agent, who is not
the lobbyist, of the person or entity on whose behalf the lobbyist acts;
(iii) A statement of whether the person or entity on whose
behalf the lobbyist acts is exempt from registration under subsection (c) of
this section;
(iv) The identification, by formal designation, if known, of
matters on which the lobbyist expects to act;
(v) Identification of the period of time within a single
calendar year during which the lobbyist is authorized to engage in these
activities, unless terminated sooner; and
(vi) The full legal signature of the lobbyist and, when
appropriate, the person or entity on whose behalf the lobbyist acts or an agent
or authorized officer of the person or entity on whose behalf the lobbyist
acts.
(e) A lobbyist shall file a separate registration for each
person or entity that has engaged or employed the lobbyist for lobbying
purposes.
(f) A lobbyist may terminate the lobbyist’s registration by
providing written notice to the Commission and submitting all outstanding
reports and registrations.
(g) A person or entity may not engage in lobbying activities
on behalf of another person or entity for compensation that is contingent upon
the passage or defeat of any action by the *Council or other legislative body*
or the outcome of any executive action.
(h) Activity report.
(1) A lobbyist shall file with the Commission or the office
designated by the Commission:
(i) By July 31, one report concerning the lobbyist’s lobbying
activities covering the period beginning January 1 through June 30; and
(ii) By January 31, one report covering the period beginning
July 1 through December 31.
(2) A lobbyist shall file a separate activity report for each
person or entity on whose behalf the lobbyist acts.
(3) If the lobbyist is not an individual, an authorized
officer or agent of the entity shall sign the form.
(4) The report shall include:
(i) A complete and current statement of the information
required to be supplied with the lobbyist’s registration form.
(ii) Total expenditures on lobbying activities in each of the
following categories:
[(a)](A) Total compensation paid to the
lobbyist not including expenses reported under items (B)—(I) of this
subparagraph;
(B) Office expenses of the lobbyist;
(C) Professional and technical research and assistance not
reported in item(i) of this subparagraph;
(D) Publications which expressly encourage persons to
communicate with *County, City, or Town* officials or employees;
(E) Names of witnesses, and the fees and expenses paid to
each witness;
(F) Meals and beverages for *County, City, or Town* officials
and employees;
(G) Reasonable expenses for food, lodging, and scheduled
entertainment of *County, City, or Town* officials or employees for a meeting
which is given in return for participation in a panel or speaking engagement at
the meeting;
(H) Other gifts to or for officials or employees or their
spouses or dependent children; and
(I) Other expenses.
(i) Special gift report.
(1) (i) With the six-month activity report required
under subsection (h) of this section, a lobbyist shall report, except for gifts
reported in item (h)(4)(ii)(G) of this section, gifts from the lobbyist with a
cumulative value of $75 or more during the reporting period to an official,
employee, or member of the immediate family of an official or employee.
(ii) The lobbyist
shall report gifts under this paragraph regardless of whether the gift was
given in connection with lobbying activities.
(2) The report shall include the date, beneficiary, amount or
value, and nature of the gift.
(j) Notification to official and confidentiality.
(1) If any report filed under this section contains the name
of an official or employee or a member of the immediate family of an official
or employee, the Commission shall notify the official or employee within 30
days.
(2) The Commission shall keep the report confidential for 60
days following receipt by the Commission.
(3) Within 30 days of the notice required under paragraph(1)
of this subsection, the official or employee may file a written exception to
the inclusion in the report of the name of the official, employee, or member of
the immediate family of the official or employee.
(k) The Commission may require a lobbyist to submit other
reports the Commission determines to be necessary.
(l) The Commission or office designated by the Commission
shall maintain all registrations and reports filed under this section.
(m) (1) The Commission shall review the registrations
and reports filed under this section for compliance with this section and shall
notify persons engaging in lobbying activities of any omissions or
deficiencies.
(2) The Commission may
take appropriate enforcement action to ensure compliance with this section.
(n) Annual report.
(1) The Commission shall compute and make available a
subtotal under each of the ten required categories in subparagraph (h)(4)(ii)
of this section.
(2) The Commission shall compute and make available the total
amount reported by all lobbyists for their lobbying activities during the
reporting period.
(o) The Commission shall make lobbying registrations and
reports available during normal business hours for examination and copying
subject to reasonable fees and procedures established by the Commission.
Section 9. Enforcement.
(a) (1) Upon a finding of a violation of any provision
of this chapter, the Commission may:
(i) Issue an order of compliance directing the respondent to
cease and desist from the violation;
(ii) Issue a reprimand; or
(iii) Recommend to the appropriate authority other
appropriate discipline of the respondent, including censure or removal if that
discipline is authorized by law.
(2) If the Commission finds that a respondent has violated §8
of this chapter, the Commission may:
(i) Require a respondent who is a registered lobbyist to file
any additional reports or information that reasonably related to the
information that is required under §8 of this chapter;
(ii) Impose a fine not exceeding $5,000 for each violation;
and
(iii) Suspend the registration of an individual registered
lobbyist if the Commission finds that the lobbyist has knowingly and willfully
violated §8 of this chapter or has been convicted of a criminal offense arising
from lobbying activities.
(b) (1) Upon request of the Commission, the *County,
City, or Town* Attorney may file a petition for injunctive or other relief in
the circuit court of _______ County, or in any other court having proper venue
for the purpose of requiring compliance with the provisions of this chapter.
(2) (i) The
court may:
[(a)](A) Issue an order to cease and
desist from the violation;
(B) Except as provided in subparagraph (ii) of this
paragraph, void an official action taken by an official or employee with a
conflict of interest prohibited by this chapter when the action arises from or
concerns the subject matter of the conflict and if the legal action is brought
within 90 days of the occurrence of the official action, if the court deems
voiding the action to be in the best interest of the public; or
(C) Impose a fine of up to $5,000 for any violation of the
provisions of this chapter, with each day upon which the violation occurs
constituting a separate offense.
(ii) A court may not void any official action appropriating
public funds, levying taxes, or providing for the issuance of bonds, notes, or
other evidences of public obligations.
(c) (1) Any person who knowingly and willfully violates
the provisions of §8 of this chapter is guilty of a misdemeanor, and upon
conviction, is subject to a fine of not more than $1,000 or imprisonment for
not more than 1 year, or both.
(2) If the person is a
business entity and not a natural person, each officer and partner of the
business entity who knowingly authorized or participated in the violation is
guilty of a misdemeanor and, upon conviction, is subject to the same penalties
as the business entity.
(d) In addition to any other enforcement provisions in this
chapter, a person who the Commission or a court finds has violated this
chapter:
(1) Is subject to termination or other disciplinary action;
and
(2) May be suspended from receiving payment of salary or
other compensation pending full compliance with the terms of an order of the
Commission or a court.
(e) (1) A person who is subject to the provisions of
this chapter shall obtain and preserve all accounts, bills, receipts, books,
papers, and documents necessary to complete and substantiate a report,
statement, or record required under this chapter for three years from the date
of filing the report, statement, or record.
(2) These papers and
documents shall be available for inspection upon request by the Commission or
the *Council or other legislative body* after reasonable notice.
Section 10. Severability.
If any section, sentence, clause, or phrase of this chapter is held
invalid or unconstitutional by any court of competent jurisdiction, the ruling
shall not affect the validity of the remaining portions of this chapter.
————————————
Appendix
B — Model Ethics Law B
Authority: General Provisions Article, §§5-205 and 5-206, and Title
5, Subtitle 8, Annotated Code of Maryland
CHAPTER ____ — ETHICS PROVISIONS
Section 1. Short title.
This chapter may be cited as the * County, City or Town* Public
Ethics *Law or Ordinance.*
Section 2. Applicability and
Definitions.
(a) The provisions of this chapter apply to all * County,
City or Town* elected officials, employees, and appointees to boards and
commissions of *County, City or Town*.
(b) “Designated second home” means:
(1) If an individual owns one second home, the individual’s
second home; or
(2) If an individual owns more than one second home, any one
second home the individual identifies to the Commission as the individual’s
designated second home.
(c) “Home address” means the address of an individual’s:
(1) Principal home; and
(2) Designated second home, if any.
(d) “Principal home” means the sole residential property that
an individual occupies as the individual’s primary residence, whether owned or
rented by the individual.
(e) “Quasi-governmental entity” means an entity that is
created by state statute, that performs a public function, and that is
supported in whole or in part by the state but is managed privately.
(f) “Second home” means a residential property that:
(1) An individual occupies for some portion of the filing
year; and
(2) Is not a rental property or a time share.
Section 3. Ethics Commission.
(a) There is a *name of County, City or Town* Ethics
Commission that consists of ____ members appointed by the *Mayor or other chief
Executive Officer*.
(b) The Commission shall:
(1) Devise, receive, and maintain all forms required by this
chapter;
(2) Develop procedures and policies for advisory opinion
requests and provide published advisory opinions to persons subject to this
chapter regarding the applicability of the provisions of this chapter to them;
(3) Develop procedures and policies for the processing of
complaints to make appropriate determinations regarding complaints filed by any
person alleging violations of this chapter; and
(4) Conduct a public information program regarding the
purposes and application of this chapter.
(c) The *County, City, or Town* Attorney shall advise the
Commission.
(d) The Commission shall certify to the State Ethics
Commission on or before October 1 of each year that the *County, City, or Town*
is in compliance with the requirements of General Provisions Article, Title 5,
Subtitle 8, Annotated Code of Maryland, for elected local officials.
(e) The Commission shall determine if changes to this chapter
are required to be in compliance with the requirements of General Provisions
Article, Title 5, Subtitle 8, Annotated Code of Maryland, and shall forward any
recommended changes and amendments to the *County, City, or Town* Council for
enactment.
(f) The Commission may adopt other policies and procedures to
assist in the implementation of the Commission’s programs established in this
chapter.
Section 4. Conflicts of interest.
(a) In this section, “qualified relative” means a spouse,
parent, child, or sibling.
(b) All * County, City, or Town* elected officials, officials
appointed to * County, City, or Town* boards and commissions subject to this
chapter, and employees are subject to this section.
(c) Participation prohibitions. Except as permitted by
Commission regulation or opinion, an official or employee may not participate
in:
(1) Except as permitted by Commission regulation or opinion,
an official or employee may not participate in:
(i) Except in the exercise of an administrative or
ministerial duty that does not affect the disposition or decision of the
matter, any matter in which, to the knowledge of the official or employee, the
official or employee, or a qualified relative of the official or employee has
an interest;
(ii) Except in the exercise of an administrative or
ministerial duty that does not affect the disposition or decision with respect
to the matter, any matter in which any of the following is a party:
[(a)](A) A business entity in which the
official or employee has a direct financial interest of which the official or
employee may reasonably be expected to know;
(B) A business entity for which the official, employee, or a
qualified relative of the official or employee is an officer, director,
trustee, partner, or employee;
(C) A business entity with which the official or employee or,
to the knowledge of the official or employee, a qualified relative is
negotiating employment or has any arrangement concerning prospective
employment;
(D) If the contract reasonably could be expected to result in
a conflict between the private interests of the official or employee and the
official duties of the official or employee, a business entity that is a party
to an existing contract with the official or employee, or which, to the
knowledge of the official or employee, is a party to a contract with a
qualified relative;
(E) An entity, doing business with the *County, City, or
Town*, in which a direct financial interest is owned by another entity in which
the official or employee has a direct financial interest, if the official or
employee may be reasonably expected to know of both direct financial interests;
or
(F) A business entity that:
1. The official or employee knows is a creditor or obligee of
the official or employee or a qualified relative of the official or employee
with respect to a thing of economic value; and
2. As a creditor or obligee, is in a position to directly and
substantially affect the interest of the official or employee or a qualified
relative of the official or employee.
(2) A person who is disqualified from participating under
paragraphs(1)(i) or (ii) of this subsection shall disclose the nature and
circumstances of the conflict and may participate or act if:
(i) The disqualification leaves a body with less than a
quorum capable of acting;
(ii) The disqualified official or employee is required by law
to act; or
(iii) The disqualified official or employee is the only
person authorized to act.
(3) The prohibitions of paragraph(1)(i) or (ii) of this
subsection do not apply if participation is allowed by regulation or opinion of
the Commission.
(4) A former regulated lobbyist who is or becomes subject to
this chapter as an employee or official, other than an elected official or an
appointed official, may not participate in a case, contract, or other specific
matter as an employee or official, other than an elected official or appointed
official, for one calendar year after the termination of the registration of
the former regulated lobbyist if the former regulated lobbyist previously
assisted or represented another party for compensation in the matter.
(d) Employment and financial interest restrictions.
(1) Except as permitted by regulation of the Commission when
the interest is disclosed or when the employment does not create a conflict of
interest or appearance of conflict, an official or employee may not:
(i) Be employed by or have a financial interest in any
entity:
[(a)](A) Subject to the authority of the
official or employee or the *County, City, or Town* agency, board, commission
with which the official or employee is affiliated; or
(B) That is negotiating or has entered a contract with the
agency, board, or commission with which the official or employee is affiliated;
or
(ii) Hold any other employment relationship that would impair
the impartiality or independence of judgment of the official or employee.
(2) This prohibition does not apply to:
(i) An official or employee who is appointed to a regulatory
or licensing authority pursuant to a statutory requirement that persons subject
to the jurisdiction of the authority be represented in appointments to the
authority;
(ii) Subject to other provisions of law, a member of a board
or commission in regard to a financial interest or employment held at the time
of appointment, provided the financial interest or employment is publicly
disclosed to the appointing authority and the Commission;
(iii) An official or employee whose duties are ministerial,
if the private employment or financial interest does not create a conflict of
interest or the appearance of a conflict of interest, as permitted by and in
accordance with regulations adopted by the Commission; or
(iv) Employment or financial interests allowed by regulation
of the Commission if the employment does not create a conflict of interest or
the appearance of a conflict of interest or the financial interest is
disclosed.
(e) Post-employment limitations and restrictions.
(1) A former official or employee may not assist or represent
any party other than the *County, City, or Town* for compensation in a case,
contract, or other specific matter involving the *County, City, or Town* if
that matter is one in which the former official or employee significantly
participated as an official or employee.
(2) A former elected official may not assist or represent
another party for compensation in a matter that is the subject of legislative
action for one calendar year after the elected official leaves office.
(f) Contingent compensation. Except in a judicial or
quasi-judicial proceeding, an official or employee may not assist or represent
a party for contingent compensation in any matter before or involving the
*County, City, or Town*.
(g) Use of prestige of office.
(1) (i) An official or employee may not intentionally
use the prestige of office or public position:
[(a)](A) For the private gain of that
official or employee or the private gain of another; or
(B) To influence, except as part of the official duties of
the official or employee or as a usual and customary constituent service
without additional compensation, the award of a state or local contract to a
specific person.
(ii) An official may not directly or indirectly initiate a
solicitation for a person to retain the compensated services of a particular
regulated lobbyist or lobbying firm.
(2) This subsection does not prohibit the performance of
usual and customary constituent services by an elected local official without
additional compensation.
(3) (i) An official, other than an elected official, or
employee may not use public resources or the title of the official or employee
to solicit a contribution as that term is defined in the Election Law Article.
(ii) An elected
official may not use public resources to solicit a contribution as that term is
defined in the Election Law Article.
(h) Solicitation and acceptance of gifts.
(1) An official or employee may not solicit any gift.
(2) An official or employee may not directly solicit or
facilitate the solicitation of a gift, on behalf of another person, from an
individual regulated lobbyist.
(3) An official or employee may not knowingly accept a gift,
directly or indirectly, from a person that the official or employee knows or
has the reason to know:
(i) Is doing business with or seeking to do business with the
*County, City or Town* office, agency, board, or commission with which the
official or employee is affiliated;
(ii) Has financial interests that may be substantially and
materially affected, in a manner distinguishable from the public generally, by
the performance or nonperformance of the official duties of the official or
employee;
(iii) Is engaged in an activity regulated or controlled by
the official’s or employee’s governmental unit;
(iv) Is a lobbyist with respect to matters within the
jurisdiction of the official or employee; or
(v) Is an association, or any entity acting on behalf of an
association that is engaged only in representing counties or municipal
corporations.
(4) Paragraph (5) of this subsection does not apply to a
gift:
(i) That would tend to impair the impartiality and the
independence of judgment of the official or employee receiving the gift;
(ii) Of significant value that would give the appearance of
impairing the impartiality and independence of judgment of the official or
employee; or
(iii) Of significant value that the recipient official or
employee believes or has reason to believe is designed to impair the
impartiality and independence of judgment of the official or employee.
(5) Notwithstanding paragraph (3) of this subsection, an
official or employee may accept the following:
(i) Meals and beverages consumed in the presence of the donor
or sponsoring entity;
(ii) Ceremonial gifts or awards that have insignificant
monetary value;
(iii) Unsolicited gifts of nominal value that do not exceed
$20 in cost or trivial items of informational value;
(iv) Reasonable expenses for food, travel, lodging, and
scheduled entertainment of the official or the employee at a meeting which is
given in return for the participation of the official or employee in a panel or
speaking engagement at the meeting;
(v) Gifts of tickets or free admission extended to an elected
local official to attend a charitable, cultural, or political event, if the
purpose of this gift or admission is a courtesy or ceremony extended to the
elected official’s office;
(vi) A specific gift or class of gifts that the Commission
exempts from the operation of this subsection upon a finding, in writing, that
acceptance of the gift or class of gifts would not be detrimental to the
impartial conduct of the business of the *County, City, or Town* and that the
gift is purely personal and private in nature;
(vii) Gifts from a person related to the official or employee
by blood or marriage, or any other individual who is a member of the household
of the official or employee; or
(viii) Honoraria for speaking to or participating in a
meeting, provided that the offering of the honorarium is in not related in any
way to the official’s or employee’s official position.
(i) Disclosure of confidential information. Other than in the
discharge of official duties, an official or employee or former official or
employee may not disclose or use confidential information, that the official or
employee acquired by reason of the individual’s public position or former
public position and that is not available to the public, for the economic
benefit of the official or employee or that of another person.
(j) An official or employee may not retaliate against an
individual for reporting or participating in an investigation of a potential
violation of the local ethics law or ordinance.
Section 5. Financial disclosure —
local elected officials and candidates to be local elected officials.
(a) (1) This section applies to all local elected
officials and candidates to be local elected officials.
(2) Except as provided
in subsection (b) of this section, a local elected official or a candidate to
be a local elected official shall file the financial disclosure statement
required under this section:
(i) On a form provided by the Commission;
(ii) Under oath or affirmation; and
(iii) With the Commission.
(3) Deadlines for filing statements.
(i) An incumbent local elected official shall file a
financial disclosure statement annually no later than April 30 of each year for
the preceding calendar year.
(ii) An individual who is appointed to fill a vacancy in an
office for which a financial disclosure statement is required and who has not
already filed a financial disclosure statement shall file a statement for the
preceding calendar year within 30 days after appointment.
(iii) (A) An individual who, other than by reason of
death, leaves an office for which a statement is required shall file a
statement within 60 days after leaving the office.
(B) The statement
shall cover:
1. The calendar year immediately preceding the year in which
the individual left office, unless a statement covering that year has already
been filed by the individual; and
2. The portion of the current calendar year during which the
individual held the office.
(b) Candidates to be local elected officials.
(1) Except for an official who has filed a financial
disclosure statement under another provision of this section for the reporting
period, a candidate to be an elected local official shall file a financial
disclosure statement each year beginning with the year in which the certificate
of candidacy is filed through the year of the election.
(2) A candidate to be an elected local official shall file a
statement required under this section:
(i) In the year the certificate of candidacy is filed, no
later than the filing of the certificate of candidacy;
(ii) In the year of the election, on or before the earlier of
April 30 or the last day for the withdrawal of candidacy; and
(iii) In all other years for which a statement is required,
on or before April 30.
(3) A candidate to be an elected official:
(i) May file the statement required under §5(b)(2)(i) of this
chapter with the *County, City, or Town* Clerk or Board of Election Supervisors
with the certificate of candidacy or with the Commission prior to filing the
certificate of candidacy; and
(ii) Shall file the statements required under §5(b)(2)(ii)
and (iii) with the Commission.
(4) If a statement required to be filed by a candidate is
overdue and not filed within 8 days after written notice of the failure to file
is provided by the *County, City, or Town* Clerk or Board of Election
Supervisor, the candidate is deemed to have withdrawn the candidacy.
(5) The *County, City, or Town* Clerk or Board of Election
Supervisors may not accept any certificate of candidacy unless a statement has
been filed in proper form.
(6) Within 30 days of the receipt of a statement required
under this section, the *County, City, or Town* Clerk or Board of Election
Supervisors shall forward the statement to the Commission or the office
designated by the Commission.
(c) Public record.
(1) The Commission or office designated by the Commission
shall maintain all financial disclosure statements filed under this section.
(2) Financial disclosure statements shall be made available
during normal office hours for examination and copying by the public subject to
reasonable fees and administrative procedures established by the Commission.
(3) If an individual examines or copies a financial
disclosure statement, the Commission or the office designated by the Commission
shall record:
(i) The name and home address of the individual reviewing or
copying the statement; and
(ii) The name of the person whose financial disclosure
statement was examined or copied.
(4) Upon request by the official or employee whose financial
disclosure statement was examined or copied, the Commission or the office
designated by the Commission shall provide the official with a copy of the name
and home address of the person who reviewed the official’s financial disclosure
statement.
(5) For statements filed after January 1, 2019, the
Commission or the office designated by the Commission may not provide public
access to an individual’s home address that the individual has designated as
the individual’s home address.
(6) The Commission or office designated by the Commission
shall not provide public access to information related to consideration
received from:
(i) The University of Maryland Medical System;
(ii) A governmental entity of the State or a local government
in the State; or
(iii) A quasi-governmental entity of the State or local
government in the State.
(d) Retention requirements. The Commission or the office
designated by the Commission shall retain financial disclosure statements for
four years from the date of receipt.
(e) An individual who is required to disclose the name of a
business under this section shall disclose any other names that the business is
trading as or doing business as.
(f) Contents of statement.
(1) Interests in real property.
(i) A statement filed under this section shall include a
schedule of all interests in real property wherever located.
(ii) For each interest in real property, the schedule shall
include:
[(a)](A) The nature of the property and
the location by street address, mailing address, or legal description of the
property;
(B) The nature and extent of the interest held, including any
conditions and encumbrances on the interest;
(C) The date when, the manner in which, and the identity of
the person from whom the interest was acquired;
(D) The nature and amount of the consideration given in
exchange for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired;
(E) If any interest was transferred, in whole or in part, at
any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for the
interest, and the identity of the person to whom the interest was transferred;
and
(F) The identity of any other person with an interest in the
property.
(2) Interests in corporations and partnerships.
(i) A statement filed under this section shall include a
schedule of all interests in any corporation, partnership, limited liability
partnership, or limited liability corporation, regardless of whether the
corporation or partnership does business with the *County, City, or Town*.
(ii) For each interest reported under this paragraph, the
schedule shall include:
[(a)](A) The name and address of the
principal office of the corporation, partnership, limited liability
partnership, or limited liability corporation;
(B) The nature and amount of the interest held, including any
conditions and encumbrances on the interest;
(C) With respect to any interest transferred, in whole or in
part, at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for the
interest, and, if known, the identity of the person to whom the interest was
transferred; and
(D) With respect to any interest acquired during the
reporting period:
1. The date when, the manner in which, and the identity of
the person from whom the interest was acquired; and
2. The nature and the amount of the consideration given in
exchange for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired.
(iii) An individual may satisfy the requirement to report the
amount of the interest held under item (ii)(B) of this paragraph by reporting,
instead of a dollar amount:
[(a)](A) For an equity interest in a
corporation, the number of shares held and, unless the corporation’s stock is
publicly traded, the percentage of equity interest held; or
(B) For an equity interest in a partnership, the percentage
of equity interest held.
(3) Interests in business entities doing business with
*County, City, or Town*.
(i) A statement filed under this section shall include a
schedule of all interests in any business entity that does business with the
*County, City, or Town*, other than interests reported under paragraph (2) of
this subsection.
(ii) For each interest reported under this paragraph, the
schedule shall include:
[(a)](A) The name and address of the
principal office of the business entity;
(B) The nature and amount of the interest held, including any
conditions to and encumbrances on the interest;
(C) With respect to any interest transferred, in whole or in
part, at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received in exchange
for the interest, and, if known, the identity of the person to whom the
interest was transferred; and
(D) With respect to any interest acquired during the
reporting period:
1. The date when, the manner in which, and the identity of
the person from whom the interest was acquired; and
2. The nature and the amount of the consideration given in
exchange for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired.
(4) Gifts.
(i) A statement filed under this section shall include a
schedule of each gift in excess of $20 in value or a series of gifts totaling
$100 or more received during the reporting period from or on behalf of,
directly or indirectly, any one person who does business with the *County,
City, or Town*, or from an association, or any entity acting on behalf of an
association that is engaged only in representing counties or municipal
corporations.
(ii) For each gift reported, the schedule shall include:
[(a)](A) A description of the nature and
value of the gift; and
(B) The identity of the person from whom, or on behalf of
whom, directly or indirectly, the gift was received.
(5) Employment with or interests in entities doing business
with * County, City, or Town*.
(i) A statement filed under this section shall include a
schedule of all offices, directorships, and salaried employment by the
individual or member of the immediate family of the individual held at any time
during the reporting period with entities doing business with the *County,
City, or Town*.
(ii) For each position reported under this paragraph, the
schedule shall include:
[(a)](A) The name and address of the
principal office of the business entity;
(B) The title and nature of the office, directorship, or
salaried employment held and the date it commenced; and
(C) The name of each *County, City, or Town* agency with
which the entity is involved.
(6) Indebtedness to entities doing business with or regulated
by the individual’s *County, City, or Town* unit or department.
(i) A statement filed under this section shall include a
schedule of all liabilities, excluding retail credit accounts, to persons doing
business with or regulated by the individual’s *County, City, or Town* unit or
department owed at any time during the reporting period:
[(a)](A) By the individual; or
(B) By a member of the immediate family of the individual if
the individual was involved in the transaction giving rise to the liability.
(ii) For each liability reported under this paragraph, the
schedule shall include:
[(a)](A) The identity of the person to
whom the liability was owed and the date the liability was incurred;
(B) The amount of the liability owed as of the end of the
reporting period;
(C) The terms of payment of the liability and the extent to
which the principal amount of the liability was increased or reduced during the
year; and
(D) The security given, if any, for the liability.
(7) A statement filed under this section shall include a
schedule of the immediate family members of the individual employed by the
*County, City, or Town* in any capacity at any time during the reporting
period.
(8) Sources of earned income.
(i) A statement filed under this section shall include a
schedule of the name and address of each [place]
source of compensated employment and of each business
entity of which the individual or a member of the individual’s immediate family
was a sole or partial owner and from which the individual or member of the
individual’s immediate family received earned income, at any time during the
reporting period.
(ii) A minor child’s employment or business ownership need
not be disclosed if the agency that employs the individual does not regulate,
exercise authority over, or contract with the place of employment or business
entity of the minor child.
(iii) For a statement filed on or after January 1, 2019, if
the individual’s spouse is a lobbyist regulated by the *County, City, Or Town*,
the individual shall disclose the entity that has engaged the spouse for
lobbying purposes.
(9) Relationship with University of Maryland Medical System,
State or Local Government, or Quasi-Governmental Entity.
(i) An individual shall disclose the information specified in
General Provisions Article §5-607(j)(1), Annotated Code of Maryland, for any
financial or contractual relationship with:
[(a)](A) The University of Maryland
Medical System;
(B) A governmental entity of the State or a local government
in the State; or
(C) A quasi-governmental entity of the State or local
government in the State.
(ii) For each financial or contractual relationship reported,
the schedule shall include:
[(a)](A) A description of the
relationship;
(B) The subject matter of the relationship; and
(C) The consideration.
(10) A statement filed under this section may also include a
schedule of additional interests or information that the individual making the
statement wishes to disclose.
(g) For the purposes of §5(f)(1), (2), and (3) of this
chapter, the following interests are considered to be the interests of the
individual making the statement:
(1) An interest held by a member of the individual’s
immediate family, if the interest was, at any time during the reporting period,
directly or indirectly controlled by the individual.
(2) An interest held, at any time during the applicable
period, by:
(i) A business entity in which the individual held a [(10)%]
10% or greater interest;
(ii) A business entity described in item(i) of this
subsection in which the business entity held a 25% or greater interest;
(iii) A business entity described in item (ii) of this
subsection in which the business entity held a 50% or greater interest; and
(iv) A business entity in which the individual directly or
indirectly, though an interest in one or a combination of other business
entities, holds a 10% or greater interest.
(3) An interest held by a trust or an estate in which, at any
time during the reporting period:
(i) The individual held a reversionary interest or was a
beneficiary; or
(ii) If a revocable trust, the individual was a settlor.
(h) (1) The Commission shall review the financial
disclosure statements submitted under this section for compliance with the
provisions of this section and shall notify an individual submitting the
statement of any omissions or deficiencies.
(2) The *County, City,
or Town* Ethics Commission may take appropriate enforcement action to ensure
compliance with this section.
Section 6. Financial disclosure —
employees and appointed officials.
(a) This section only applies to the following appointed
officials and employees:
(list of appointed official
titles and employee titles)
(b) A statement filed under this section shall be filed with
the Commission under oath or affirmation.
(c) On or before April 30 of each year during which an
official or employee holds office, an official or employee shall file a
statement disclosing gifts received during the preceding calendar year from any
person that contracts with or is regulated by *County, City, or Town*,
including the name of [A business entity in which the individual
directly or indirectly, though an interest in one or a combination of other
business entities, holds a 10% or greater interest. The] the
donor of the gift and the approximate retail value at the time or receipt.
(d) An official or employee shall disclose employment and
interests that raise conflicts of interest or potential conflicts of interest
in connection with a specific proposed action by the employee or official
sufficiently in advance of the action to provide adequate disclosure to the
public.
(e) An individual who is required to disclose the name of a
business under this section shall disclose any other names that the business is
trading as or doing business as.
(f) Relationship with University of Maryland Medical System,
State or Local Government, or Quasi-Governmental Entity.
(1) An individual shall disclose the information specified in
General Provisions Article §5-607(j)(1), Annotated Code of Maryland, for any
financial or contractual relationship with:
(i) The University of Maryland Medical System;
(ii) A governmental entity of the State or a local government
in the State; or
(iii) A quasi-governmental entity of the State or local
government in the State.
(2) For each financial or contractual relationship reported,
the schedule shall include:
(i) A description of the relationship;
(ii) The subject matter of the relationship; and
(iii) The consideration.
(g) The Commission shall maintain all disclosure statements
filed under this section as public records available for public inspection and
copying as provided in §5(c) and (d) of this chapter.
Section 7. Lobbying.
(a) A person shall file a lobbying registration statement
with the Commission if the person:
(1) Personally appears before a *County, City, or Town*
official or employee with the intent to influence that person in performance of
the official duties of the official or employee; and
(2) In connection with the intent to influence, expends or
reasonably expects to expend in a given calendar year in excess of $*---------*
on food, entertainment, or other gifts for officials or employees of *County,
City, or Town*.
(b) A person shall file a registration statement required
under this section on or before the later of January 15 of the calendar year or
within 5 days after first performing an act that requires registration in the
calendar year.
(c) (1) The registration statement shall identify:
(i) The registrant;
(ii) Any other person on whose behalf the registrant acts;
and
(iii) The subject matter on which the registrant proposes to
make appearances specified in subsection(a) of this section.
(2) The registration statement shall cover a defined
registration period not to exceed one calendar year.
(d) Within 30 days after the end of any calendar year during
which a person was registered under this section, the person shall file a
report with the Commission disclosing:
(1) The value, date, and nature of any food, entertainment,
or other gift provided to a *County, City, or Town* official or employee; and
(2) If a gift or series of gifts to a single official or
employee exceeds $*_____* in value, the identity of the official or employee.
(e) The Commission shall maintain the registrations and
reports filed under this section as public records available for public
inspection and copying for four years after receipt by the Commission.
Section 8. Exemptions and
modifications.
The Commission may grant exemptions and modifications to the
provisions of §§4 and 6 of this chapter to employees and to appointed members
of *name of County, City or Town* Boards and Commissions, when the Commission
finds that an exemption or modification would not be contrary to the purposes
of this chapter, and the application of this chapter would:
(a) Constitute an unreasonable invasion of privacy; and
(b) Significantly reduce the availability of qualified
persons for public service.
Section 9. Enforcement.
(a) The Commission may:
(1) Assess a late fee of $5 per day up to a maximum of $500
for a failure to timely file a financial disclosure statement required under §§5
or 6 of this chapter;
(2) Assess a late fee of $10 per day up to a maximum of
$1,000 for a failure to file a timely lobbyist registration or lobbyist report
required under §7 of this chapter; and
(3) Issue a cease and desist order against any person found
to be in violation of this chapter.
(b) (1) Upon a finding of a violation of any provision
of this chapter, the Commission may:
(i) Issue an order of compliance directing the respondent to
cease and desist from the violation;
(ii) Issue a reprimand; or
(iii) Recommend to the appropriate authority other
appropriate discipline of the respondent, including censure or removal if that
discipline is authorized by law.
(2) If the Commission finds that a respondent has violated §7
of this chapter, the Commission may:
(i) Require a respondent who is a registered lobbyist to file
any additional reports or information that reasonably relates to the
information that is required under §7 of this chapter;
(ii) Impose a fine not exceeding $5,000 for each violation;
and
(iii) Suspend the registration of an individual registered
lobbyist if the Commission finds that the lobbyist has knowingly and willfully
violated §7 of this chapter or has been convicted of a criminal offense arising
from lobbying activities.
(c) (1) Upon request of by the Commission, the *County,
City, or Town* Attorney may file a petition for injunctive or other relief in
the circuit court of _______ County, or in any other court having proper venue
for the purpose of requiring compliance with the provisions of this chapter.
(2) (i) The
court may:
[(a)](A) Issue an order to cease and
desist from the violation;
(B) Except as provided in subparagraph (ii) of this
paragraph, void an official action taken by an official or employee with a
conflict of interest prohibited by this chapter when the action arises from or
concerns the subject matter of the conflict and if the legal action is brought
within 90 days of the occurrence of the official action, if the court deems
voiding the action to be in the best interest of the public; or
(C) Impose a fine of up to $5,000 for any violation of the
provisions of this chapter, with each day upon which the violation occurs
constituting a separate offense.
(ii) A court may not void any official action appropriating
public funds, levying taxes, or providing for the issuance of bonds, notes, or
other evidences of public obligations.
(d) In addition to any other enforcement provisions in this
chapter, a person who the Commission or a court finds has violated this
chapter:
(1) Is subject to termination or other disciplinary action;
and
(2) May be suspended from receiving payment of salary or
other compensation pending full compliance with the terms of an order of the
Commission or a court.
(e) A *County, City, or Town* official or employee found to
have violated this chapter is subject to disciplinary or other appropriate
personnel action, including removal from office, disciplinary action,
suspension of salary, or other sanction.
(f) Violation of §7 of this chapter shall be a misdemeanor
subject to a fine of up to $*10,000* or imprisonment of up to one year.
(g) A finding of a violation of this chapter by the
Commission is public information.
Appendix
A — Model Board of Education Ethics
Regulations
Authority: General Provisions Article, §§5-205 and 5-206 and Title
5, Subtitle 8, Annotated Code of Maryland
CHAPTER
____ — ETHICS PROVISIONS
Section 1. Short title.
This document may be cited as the [______] County Board of
Education Ethics Regulations.
Section 2. Statement of purpose
and policy.
(a) The Board of Education of [______] County, recognizing
that our system of representative government is dependent in part upon the
people maintaining the highest trust in their public officials and employees,
finds and declares that the people have a right to be assured that the
impartiality and independent judgment of public officials and employees will be
maintained.
(b) It is evident that this confidence and trust is eroded
when the conduct of public business is subject to improper influence and even
the appearance of improper influence.
(c) For the purpose of guarding against improper influence,
the [______] County Board of Education adopts these Ethics Regulations to
require school officials and employees to disclose their financial affairs and
to set minimum standards for their conduct of school system business.
(d) It is the intention of the Board that this chapter be
liberally construed to accomplish this purpose.
Section 3. Definitions.
In these regulations, the following terms have the meanings
indicated.
(a) “Board” or “Board of Education” means the Board of
Education of [___________] County.
(b) (1) “Business entity” means a corporation, general
or limited partnership, sole proprietorship, joint venture, unincorporated
association or firm, institution, trust, foundation, or other organization,
whether or not operated for profit.
(2) “Business entity”
does not include a governmental entity.
(c) (1) “Compensation” means any money or thing of
value, regardless of form, received or to be received by any individual covered
by this chapter from an employer for service rendered.
(2) For the purposes
of §7 of this chapter, if lobbying is only a portion of a person’s employment,
“compensation” means a prorated amount based on the time devoted to lobbying
compared to the time devoted to other employment duties.
(c-1) “Designated second home” means:
(1) If an individual owns one second home, the individual’s
second home; or
(2) If an individual owns more than one second home, any one
second home the individual identifies to the Commission as the individual’s
designated second home.
(d) “Doing business with” means:
(1) Having or negotiating a contract that involves the
commitment, either in a single or combination of transactions, of $_____ or
more of school system funds;
(2) Being subject to the authority of the school system; or
(3) Being registered as a lobbyist under §7 of this chapter.
(e) (1) “Employee” means an employee of the Board or
the school system.
(2) “Employee”
includes the Superintendent.
(f) “Financial interest” means:
(1) Ownership of any interest as the result of which the
owner has received within the past 3 years or is presently receiving, or in the
future is entitled to receive, more than $1,000 per year; or
(2) Ownership, or the ownership of securities of any kind
representing or convertible into ownership, of more than 3 percent of a
business entity by an official or the spouse of an official.
(g) (1) “Gift” means the transfer of anything of
economic value, regardless of the form, without adequate and lawful
consideration.
(2) “Gift” does not
include contributions as defined in Election Law Article, Annotated Code of
Maryland.
(g-1) “Home address” means the address of an individual’s:
(1) Principal home; and
(2) Designated second home, if any.
(h) “Immediate family” means a spouse and dependent children.
(i) (1) “Interest” means a legal or equitable economic
interest, whether or not subject to an encumbrance or a condition, that is
owned or held, in whole or in part, jointly or severally, directly or
indirectly.
(2) For purposes of §6
of this chapter, “interest” includes any interest held at any time during the
reporting period.
(3) “Interest” does not include:
(i) An interest held in the capacity of a personal agent,
custodian, fiduciary, personal representative, or trustee, unless the holder
has an equitable interest in the subject matter;
(ii) An interest in a time or demand deposit in a financial
institution;
(iii) An interest in an insurance policy, endowment policy,
or annuity contract under which an insurer promises to pay a fixed amount of
money either in a lump sum or periodically for life or a specified period;
(iv) A common trust fund or a trust which forms part of a
pension or profit sharing plan which has more than 25 participants and which
has been determined by the Internal Revenue Service to be a qualified trust
under the Internal Revenue Code;
(v) A college savings plan under the Internal Revenue Code;
or
(vi) A mutual fund or exchange-traded fund that is publicly
traded on a national scale unless the mutual fund or exchange-traded fund is
composed primarily of holdings of stocks and interests in a specific sector or
area that is regulated by the individual’s governmental unit.
(j) “Lobbying” means:
(1) (i) Communicating in the presence of an official
with the intent to influence any official action of that official; and
(ii) Spending over
$_____ for food, entertainment, or other gifts during the calendar year in
connection with the communication or intent to influence; or
(2) (i) Engaging in activities having the express
purpose of soliciting others to communicate with an official with the intent to
influence that official; and
(ii) Spending over
$_____ in connection with the activities or intent to influence.
(k) “Lobbyist” means a person required to register and report
expenses related to lobbying under §7 of this chapter.
(l) “Member of the Board” means a member of the [_____]
County Board of Education.
(m) “Official” includes a member of the school board, an
employee of the school board or the school system, and the Superintendent.
(n) “Panel” means the [______] County School System Ethics
Panel established under §4(a) of this chapter.
(o) “Person” includes an individual or business entity.
(o-1) “Principal home” means the sole residential property
that an individual occupies as the individual’s primary residence, whether
owned or rented by the individual.
(p) “Qualified relative” means a spouse, parent, child, or
sibling.
(q) “Quasi-governmental entity” means an entity that is
created by state statute, that performs a public function, and that is
supported in whole or in part by the state but is managed privately.
(r) “School system” means the educational system under the
authority of the [______] County Board of Education.
(s) “Second home” means a residential property that:
(1) An individual occupies for some portion of the filing
year;
and
(2) Is not a rental property or a time share.
Section 4. Administration.
(a) (1) There is a [______] County School System Ethics
Panel that consists of ____ members appointed by the Chairman of the Board of
Education with the concurrence of the other members of the Board.
(2) The Panel members
shall serve ____ year overlapping terms.
(3) A Panel member may serve until a successor is appointed
and qualifies.
(b) (1) The Panel shall elect a chairman from among its
members.
(2) The term of the
chairman is one year.
(3) The chairman may be reelected.
(c) (1) The Board of Education Attorney shall assist
the Panel in carrying out its duties.
(2) If a conflict of
interest under §5 of this chapter or another conflict prevents the Board
Attorney from assisting the Panel in a specific matter:
(i) The Panel shall identify other counsel to assist the
Panel in the matter; and
(ii) The Board shall provide sufficient funds to hire
counsel.
(d) The Panel is the advisory body responsible for
interpreting this chapter and advising persons subject to this chapter
regarding its application.
(e) The Panel shall implement a public information and
education program regarding the purpose and implementation of this chapter.
(f) The Panel, assisted by the Superintendent or other
official designated by the Board, shall be the custodian of all forms submitted
by any person under this chapter.
(g) (1) Any official, employee or other person subject
to this chapter may request an advisory opinion from the Panel concerning the
application of this chapter.
(2) The Panel shall
respond promptly to a request for an advisory opinion and shall provide
interpretations of this chapter within 60 days of the request based on the
facts provided or reasonably available to the Panel.
(3) In accordance with applicable State laws regarding public
records, the Panel shall publish or otherwise make available to the public
copies of the advisory opinions with the identities of the subjects deleted.
(h) (1) Any person may file a complaint with the Panel
alleging a violation of any of the provisions of this chapter.
(2) A complaint shall
be in writing and under oath.
(3) The Panel may refer a complaint to the Board Attorney or
other legal counsel, if appropriate, for investigation and review.
(4) If the Panel determines that there are insufficient facts
upon which to base a determination of a violation, the Panel shall recommend to
the Board of Education that the complaint be dismissed.
(5) If there is a reasonable basis for believing a violation
has occurred, the subject of the complaint shall be given an opportunity for a
hearing conducted by the Panel in accordance with the applicable Board of
Education rules of procedure.
(6) (i) A respondent may propose a settlement or cure
to the Panel before a hearing.
(ii) If the panel
determines that the proposed settlement or cure is consistent with the purposes
of this chapter, the Panel shall recommend that the Board accept the proposed
settlement or cure.
(iii) If the Board concurs with the recommendation of the
Panel, the Board shall accept the proposed settlement or cure.
(7) The Panel’s findings of a violation resulting from the
hearing shall include findings of fact and conclusions of law.
(8) The Panel shall report its findings and recommendations
for action to the Board.
(9) If the Board concurs with the findings of a violation and
recommendations of the Panel, the Board may take enforcement action as provided
in §8 of this chapter.
(10) The Board may dismiss a complaint:
(i) On the recommendation of the Panel; or
(ii) If the Board disagrees with a finding of a violation by
the Panel.
(11) (i) After a complaint is filed and until a final
determination by the Board, all actions regarding a complaint are confidential.
(ii) Concurrence by
the Board with a finding of a violation by the Panel is public information.
(i) The Panel shall
certify to the State Ethics Commission on or before October 1 of each year that
the Board of Education is in compliance with the requirements of the General
Provisions Article, Title 5,Subtitle 8, Annotated Code of Maryland for elected
officials.
Section 5. Prohibited conduct and
interests.
(a) Participation.
(1) Except as permitted by Board of Education regulation or
in the exercise of an administrative or ministerial duty that does not affect
the disposition or decision in the matter, an official may not participate in:
(i) Any matter in which, to the knowledge of the official,
the official or a qualified relative of the official has an interest; or
(ii) Any matter in which any of the following is a party:
[(a)](A) A business entity in which the
official has a direct financial interest of which the official may reasonably
be expected to know;
(B) A business entity for which the official or a qualified
relative of the official is an officer, director, trustee, partner, or
employee;
(C) A business entity with which the official or, to the
knowledge of the official, a qualified relative of the official is negotiating
or has any arrangement concerning prospective employment;
(D) A business entity that is a party to an existing contract
with the school official or which, to the knowledge of the official, a
qualified relative of the official, if the contract reasonably could be
expected to result in a conflict between the private interests of the official
and the school system or Board duties of the official;
(E) An entity, doing business with the Board of Education or
school system, in which a direct financial interest is owned by another entity
in which the official has a direct financial interest, if the official may be
reasonably expected to know of both direct financial interests; or
(F) A business entity that:
1. The official knows is a creditor or obligee of the
official or a qualified relative of the official with respect to a thing of
economic value; and
2. As a creditor or obligee, is in a position to directly and
substantially affect the interest of the official or qualified relative of the
official.
(2) An official who is disqualified from participating under
paragraph(1) of this subsection shall disclose the nature and circumstances of
the conflict and may participate or act if:
(i) The disqualification leaves a body with less than a
quorum capable of acting;
(ii) The disqualified official is required by law to act; or
(iii) The disqualified official is the only person authorized
to act.
(3) The prohibitions of paragraph(1) of this subsection do
not apply if participation is allowed by opinion of the Panel.
(4) A former regulated lobbyist who is or becomes subject to
this chapter as an employee or official, other than a member of the Board, may
not participate in a case, contract, or other specific matter as an employee or
official, other than a member of the Board, for one calendar year after the
termination of the registration of the former regulated lobbyist if the former
regulated lobbyist previously assisted or represented another party for
compensation in the matter.
(b) Employment and financial interests.
(1) Except as permitted by regulation of the Board of
Education when the interest is disclosed or when the employment does not create
a conflict of interest or appearance of conflict, an official may not:
(i) Be employed by or have a financial interest in an entity
that is:
[(a)](A) Subject to the authority of the
school system or Board; or
(B) Negotiating or has entered a contract with the school
system or Board; or
(ii) Hold any other employment relationship that would impair
the impartiality or independence of judgment of the official.
(2) This prohibition does not apply to:
(i) An official whose duties are ministerial, if the private
employment or financial interest does not create a conflict of interest or the
appearance of a conflict of interest, as permitted in accordance with
regulations adopted by the Board of Education;
(ii) Subject to other provisions of regulation and law, a
member of the Board in regard to a financial interest or employment held at the
time of the oath of office, if the financial interest or employment:
[For an appointed board] [(a)](A) Was
publicly disclosed to the appointing authority and the Panel at the time of
appointment; or
[For an elected board] (B) Was disclosed on the financial
disclosure statement filed with the certificate of candidacy to be a candidate
to be a member of the Board; or
(iii) Employment or financial interests allowed by opinion of
the Panel if the employment does not create a conflict of interest or the
appearance of a conflict of interest or the financial interest is disclosed.
(c) Post-employment. A former official may not assist or
represent any party other than the Board of Education or school system for
compensation in a case, contract, or other specific matter involving the Board
or the school system if that matter is one in which the former official
significantly participated as an official.
(d) Contingent compensation. Except in a judicial or
quasi-judicial proceeding, an official may not assist or represent a party for
contingent compensation in any matter before or involving the Board of
Education or the school system.
(e) Use of prestige of office.
(1) (i) An official may not intentionally use the
prestige of office or public position:
[(a)](A) For the private gain of that
official or the private gain of another; or
(B) To influence, except as part of the official duties of
the official or as a usual and customary constituent service by a member of the
Board without additional compensation, the award of a state or local contract
to a specific person.
(ii) An official may not directly or indirectly initiate a
solicitation for a person to retain the compensated services of a particular
regulated lobbyist or lobbying firm.
(2) This subsection does not prohibit the performance of
usual and customary constituent services by a member of the Board without
additional compensation.
(3) (i) An official, other than a member of the Board,
may not use public resources or the title of the official to solicit a
contribution as that term is defined in the Election Law Article.
(ii) A member of the
Board may not use public resources to solicit a contribution as that term is
defined in the Election Law Article.
(f) Gifts.
(1) An official may not solicit any gift.
(2) An official may not directly solicit or facilitate the
solicitation of a gift, on behalf of another person, from an individual
lobbyist.
(3) An official may not knowingly accept a gift, directly or
indirectly, from a person that the official knows or has reason to know:
(i) Is doing business with or seeking to do business with the
school system or Board;
(ii) Is subject to the authority of the school system;
(iii) Is a lobbyist with respect to matters within the
jurisdiction of the official;
(iv) Has financial interests that may be substantially and
materially affected, in a manner distinguishable from the public generally, by
the performance or nonperformance of the school system duties of the official;
or
(v) Is an association, or any entity acting on behalf of an
association, that is engaged only in representing counties or municipal
corporations.
(4) (i) This paragraph does not apply to a gift:
[(a)](A) That would tend to impair the
impartiality and independence of judgment of the official receiving the gift;
(B) Of significant value that would give the appearance of
impairing the impartiality and independent judgment of the official; or
(C) Of significant value that the recipient official believes
or has reason to believe is designed to impair the impartiality and independent
judgment of the official.
(ii) Notwithstanding paragraph (3) of this subsection, an
official may accept:
[(a)](A) Meals and beverages consumed in
the presence of the donor or sponsoring entity;
(B) Ceremonial gifts or awards that have insignificant
monetary value;
(C) Unsolicited gifts of nominal value that do not exceed $20
in cost or trivial items of informational value;
(D) Reasonable expenses for food, travel, lodging, and
scheduled entertainment of the official at a meeting which is given in return
for the participation of the official in a panel or speaking engagement at the
meeting;
(E) Gifts of tickets or free admission extended to members of
the Board of Education to attend a charitable, cultural, or political event, if
the purpose of the gift or admission is a courtesy or ceremony extended to the
Board of Education;
(F) A specific gift or class of gifts which the Panel exempts
from the operation of this subsection upon a finding, in writing, that
acceptance of the gift or class of gifts would not be detrimental to the
impartial conduct of the business of the school system or Board and that the
gift is purely personal and private in nature;
(G) Gifts from a person related by blood or marriage, or any
other individual who is a member of the household of the official; or
(H) An honorarium for speaking to or participating in a
meeting, provided that the offering of the honorarium is in no way related to
the school system or Board position of the official.
(g) Disclosure of confidential information. Other than in the
discharge of official duties, an official or former official may not disclose
or use confidential information that the official acquired by reason of the
individual’s public position or former public position and that is not
available to the public for the economic benefit of the official or the
economic benefit of another person.
(h) An official or employee may not retaliate against an
individual for reporting or participating in an investigation of a potential
violation of the local ethics law or ordinance.
Section 6. Financial disclosure.
(a) This section applies to all members of the Board, all
candidates to be members of the Board, and the following employees:
List by Job Title
(b) Except as provided in subsection (d) of this section, a
member of the Board, candidate to be a member of the Board, or employee shall
file the financial disclosure statement required under this subsection:
(1) On a form provided by the Panel;
(2) Under oath or affirmation; and
(3) With the Panel or the office designated by the Panel.
(c) Deadlines for filing statements.
(1) An incumbent official shall file a financial disclosure
statement annually no later than April 30 of each year for the preceding
calendar year.
(2) An official who is appointed to fill a vacancy in an
office for which a financial disclosure statement is required and who has not
already filed a financial disclosure statement shall file a statement for the
preceding calendar year within 30 days after appointment.
(3) (i) An individual who, other than by reason of
death, leaves an office for which a statement is required shall file a
statement within 60 days after leaving the office.
(ii) The statement
shall cover:
[(a)](A) The calendar year immediately
preceding the year in which the individual left office, unless a statement
covering that year has already been filed by the individual; and
(B) The portion of the current calendar year during which the
individual held the office.
(d) Candidates to be members of the Board.
(1) Except for an official who has filed a financial
disclosure statement under another provision of this section for the reporting
period, a candidate to be a member of the Board shall file a financial
disclosure statement each year beginning with the year in which the certificate
of candidacy is filed through the year of the election.
(2) A candidate to be a member of the Board shall file a
statement required under this section:
(i) In the year the certificate of candidacy is filed, no
later that the filing of the certificate of candidacy;
(ii) In the year of the election, on or before the earlier of
April 30 or the last day for the withdrawal of candidacy; and
(iii) In all other years for which a statement is required,
on or before April 30.
(3) A candidate to be a member of the Board:
(i) May file the statement required under §6(d)(2)(i) of this
chapter with the Board of Election Supervisors with the certificate of
candidacy or with the Panel prior to filing the certificate of candidacy; and
(ii) Shall file the statements required under §6(d)(2)(ii)
and (iii) of this chapter with the Panel or the office designated by the Panel
or Board.
(4) If a statement required to be filed by a candidate is
overdue and not filed within 8 days after written notice of the failure to file
is provided by the Board of Election Supervisors, the candidate is deemed to
have withdrawn the candidacy.
(5) The Board of Election Supervisors may not accept any
certificate of candidacy unless a statement required under this section has
been filed in proper form.
(6) Within 30 days of the receipt of a statement required
under this section, the Board of Election Supervisors shall forward the
statement to the Panel, or the office designated by the Panel or Board.
(e) Public Record.
(1) The Panel or office designated by the Panel shall
maintain all financial disclosure statements filed under this section.
(2) The Panel or office designated by the Panel shall make
financial disclosure statements available during normal office hours, for
examination and copying by the public subject to reasonable fees and
administrative procedures established by the Panel or the Board.
(3) If an individual examines or copies a financial
disclosure statement, the Panel or the office designated by the Panel shall
record:
(i) The name and home address of the individual reviewing or
copying the statement; and
(ii) The name of the person whose financial disclosure
statement was examined or copied.
(4) Upon request by the individual whose financial disclosure
statement was examined or copied, the Panel or the office designated by the
Panel shall provide the individual with a copy of the name and home address of
the person who reviewed the individual’s financial disclosure statement.
(5) For statements filed after January 1, 2019, the Panel or
the office designated by the Panel may not provide public access to an
individual’s home address that the individual has designated as the
individual’s home address.
(6) The Board or office designated by the Board shall not
provide public access to information related to consideration received from:
(i) The University of Maryland Medical System;
(ii) A governmental entity of the State or a local government
in the State; or
(iii) A quasi-governmental entity of the State or local
government in the State.
(f) Retention requirements. The Panel or the office
designated by the Panel shall retain financial disclosure statements for four
years from the date of receipt.
(g) An individual who is required to disclose the name of a
business under this section shall disclose any other names that the business is
trading as or doing business as.
(h) Contents of statement.
(1) Interests in Real Property.
(i) A statement filed under this section shall include a
schedule of all interests in real property wherever located.
(ii) For each interest in real property, the schedule shall
include:
[(a)](A) The nature of the property and
the location by street address, mailing address, or legal description of the
property;
(B) The nature and extent of the interest held, including any
conditions and encumbrances on the interest;
(C) The date when, the manner in which, and the identity of
the person from whom the interest was acquired;
(D) The nature and amount of the consideration given in
exchange for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired;
(E) If any interest was transferred, in whole or in part, at
any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for the
interest, and the identity of the person to whom the interest was transferred;
and
(F) The identity of any other person with an interest in the
property.
(2) Interests in corporations and partnerships.
(i) A statement filed under this section shall include a
schedule of all interests in any corporation, partnership, limited liability
partnership, or limited liability corporation, regardless of whether the
corporation or partnership does business with the school system or Board.
(ii) For each interest reported under this paragraph, the
schedule shall include:
[(a)](A) The name and address of the
principal office of the corporation, partnership, limited liability
partnership, or limited liability corporation;
(B) The nature and amount of the interest held, including any
conditions and encumbrances on the interest;
(C) With respect to any interest transferred, in whole or in
part, at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for the
interest, and, if known, the identity of the person to whom the interest was
transferred; and
(D) With respect to any interest acquired during the
reporting period:
1. The date when, the manner in which, and the identity of
the person from whom the interest was acquired; and
2. The nature and the amount of the consideration given in
exchange for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired.
(iii) An individual may satisfy the requirement to report the
amount of the interest held under item (ii)(B) of this paragraph by reporting,
instead of a dollar amount:
[(a)](A) For an equity interest in a
corporation, the number of shares held and, unless the corporation’s stock is
publicly traded, the percentage of equity interest held; or
(B) For an equity interest in a partnership, the percentage
of equity interest held.
(3) Interests in business entities doing business with the
school system or Board.
(i) A statement filed under this section shall include a
schedule of all interests in any business entity that does business with the
school system or Board, other than interests reported under paragraph (2) of
this subsection.
(ii) For each interest reported under this paragraph, the
schedule shall include:
[(a)](A) The name and address of the
principal office of the business entity;
(B) The nature and amount of the interest held, including any
conditions to and encumbrances on the interest;
(C) With respect to any interest transferred, in whole or in
part, at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received in exchange
for the interest, and, if known, the identity of the person to whom the
interest was transferred; and
(D) With respect to any interest acquired during the
reporting period:
1. The date when, the manner in which, and the identity of
the person from whom the interest was acquired; and
2. The nature and the amount of the consideration given in
exchange for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired.
(4) Gifts.
(i) A statement filed under this section shall include a
schedule of each gift in excess of $20 in value or a series of gifts totaling
$100 or more received during the reporting period from or on behalf of,
directly or indirectly, any one person who does business with the school system
or Board or from an association or any entity acting on behalf of an
association that is engaged only in representing counties or municipal
corporations.
(ii) For each gift reported, the schedule shall include:
[(a)](A) A description of the nature and
value of the gift; and
(B) The identity of the person from whom, or on behalf of
whom, directly or indirectly, the gift was received.
(5) Employment with or interests in entities doing business
with the school system or Board.
(i) A statement filed under this section shall include a
schedule of all offices, directorships, and salaried employment by the
individual or member of the immediate family of the individual held at any time
during the reporting period with entities doing business with the school system
or Board.
(ii) For each position reported under this paragraph, the
schedule shall include:
[(a)](A) The name and address of the
principal office of the business entity;
(B) The title and nature of the office, directorship, or
salaried employment held and the date it commenced; and
(C) The name of each school system or Board unit with which
the entity is involved as indicated by identifying one or more of the three
categories of “doing business”, as defined in §3(d) of this chapter.
(6) Indebtedness to entities doing business with or regulated
by the individual’s school system unit or department.
(i) A statement filed under this section shall include a
schedule of all liabilities, excluding retail credit accounts, to persons doing
business with or regulated by the individual’s school system unit or department
owed at any time during the reporting period:
[(a)](A) By the individual; or
(B) By a member of the immediate family of the individual if
the individual was involved in the transaction giving rise to the liability.
(ii) For each liability reported under this paragraph, the
schedule shall include:
[(a)](A) The identity of the person to
whom the liability was owed and the date the liability was incurred;
(B) The amount of the liability owed as of the end of the
reporting period;
(C) The terms of payment of the liability and the extent to
which the principal amount of the liability was increased or reduced during the
year; and
(D) The security given, if any, for the liability.
(7) Employment with the school system or Board. A statement
filed under this section shall include a schedule of the immediate family
members of the individual employed by the school system or Board in any
capacity at any time during the reporting period.
(8) Sources of earned income.
(i) A statement filed under this section shall include a
schedule of the name and address of each [place]
source of compensated employment and of each business
entity of which the individual or a member of the individual’s immediate family
was a sole or partial owner and from which the individual or member of the
individual’s immediate family received earned income at any time during the
reporting period.
(ii) A minor child’s employment or business ownership need
not be disclosed if the Board or school system does not regulate, exercise
authority over, or contract with the place of employment or business entity of
the minor child.
(iii) For a statement filed on or after January 1, 2019, if
the individual’s spouse is a lobbyist regulated by the Board, the individual
shall disclose the entity that has engaged the spouse for lobbying purposes.
(9) Relationship with University of Maryland Medical System,
State or Local Government, or Quasi-Governmental Entity.
(i) An individual shall disclose the information specified in
General Provisions Article §5-607(j)(1), Annotated Code of Maryland, for any
financial or contractual relationship with:
[(a)](A) The University of Maryland
Medical System;
(B) A governmental entity of the State or a local government
in the State; or
(C) A quasi-governmental entity of the State or local
government in the State.
(ii) For each financial or contractual relationship reported,
the schedule shall include:
[(a)](A) A description of the
relationship;
(B) The subject matter of the relationship; and
(C) The consideration.
(10) A statement filed under this section may also include a
schedule of additional interests or information that the individual making the
statement wishes to disclose.
(i) For the purposes of §6(h)(1), (2), and (3) of this
chapter, the following interests are considered to be the interests of the
individual making the statement:
(1) An interest held by a member of the individual’s
immediate family, if the interest was, at any time during the reporting period,
directly or indirectly controlled by the individual.
(2) An interest held, at any time during the applicable
period, by a:
(i) Business entity in which the individual held a [(10)%]
10% or greater interest [at any time during the reporting period.];
(ii) Business entity described in item(i) of this subsection
in which the business entity held a 25% or greater interest;
(iii) Business entity described in item (ii) of this
subsection in which the business entity held a 50% or greater interest; and
(iv) Business entity in which the individual directly or
indirectly, though an interest in one or a combination of other business
entities, holds a 10% or greater interest.
(3) An interest held by a trust or an estate in which, at any
time during the reporting period:
(i) The individual held a reversionary interest or was a
beneficiary; or
(ii) If a revocable trust, the individual was a settlor.
(j) (1) The Panel shall review the financial disclosure
statements submitted under this section for compliance with the provisions of
this section and shall notify an individual submitting the statement of any
omissions or deficiencies.
(2) The Board may take
appropriate enforcement action to ensure compliance with this section.
Section 7. Lobbying.
(a) Except as provided in subsections (b) and (c) of this
section, a person or entity who engages in lobbying as defined in §3(j) of this
chapter shall file a lobbying registration with the Panel or the office
designated by the Panel or Board.
(b) The following activities are exempt from regulation under
this section:
(1) Professional services in advising and rendering opinions
to clients as to the construction and effect of proposed or pending Board
actions when these services do not otherwise constitute lobbying;
(2) Appearances before the Board upon its specific invitation
or request if the person or entity engages in no further or other activities in
connection with the passage or defeat of Board actions;
(3) Appearances before an organizational unit of the school
system upon the specific invitation or request of the unit if the person or
entity engages in no further or other activities in connection with the passage
or defeat of school system or Board action;
(4) Appearance as part of the official duties of a duly
elected or appointed official or employee of the State or a political
subdivision of the State, or of the United States, and not on behalf of any
other entity;
(5) Actions of a publisher or working member of the press,
radio, or television in the ordinary course of the business of disseminating
news or making editorial comment to the general public who does not engage in
further or other lobbying that would directly and specifically benefit the
economic, business, or professional interests of the person or entity or the
employer of the person or entity;
(6) Appearances by an individual before the Board at the
specific invitation or request of a registered lobbyist if the person performs
no other lobbying act and notifies the Board that the person or entity is
testifying at the request of the lobbyist;
(7) Appearances by an individual before the Board or an
organizational unit of the school system at the specific invitation or request
of a registered lobbyist if the person or entity performs no other lobbying act
and notifies the unit that the person or entity is testifying at the request of
the lobbyist;
(8) The representation of a bona fide religious organization
solely for the purpose of protecting the right of its own members to practice
the doctrine of the organization; and
(9) Appearance as part of the official duties of an officer,
director, member, or employee of an association engaged exclusively in lobbying
for counties and municipalities and not on behalf of any other entity.
(c) Limited exemption — employer of a lobbyist.
(1) A person or entity who employs one or more lobbyists and
who would otherwise be required to register as a lobbyist is not required to
file a registration and submit lobbying reports if the person or entity
reasonably believes that all expenses incurred in connection with the lobbying
activities will be reported by a properly registered person or entity acting on
behalf of the person or entity.
(2) A person or entity exempted under this subsection becomes
subject to this section immediately upon failure of the lobbyist to report any
information required under this section.
(d) (1) The registration filed under this section shall
be filed on or before the later of the beginning of the calendar year in which
the person or entity expects to lobby and within five days of first engaging in
lobbying activities in the calendar year.
(2) The registration
filed under this section:
(i) Shall be dated and on a form developed by the Panel; and
(ii) Shall include:
[(a)](A) The lobbyist’s full and legal
name and permanent address;
(B) The name, address, and nature of business of any person
or entity on whose behalf the lobbyist acts;
(C) The written authorization of any person or entity on
whose behalf the lobbyist acts or an authorized officer or agent, who is not
the lobbyist, of the person or entity on whose behalf the lobbyist acts;
(D) A statement of whether the person or entity on whose
behalf the lobbyist acts is exempt from registration under subsection (c) of
this section;
(E) The identification, by formal designation, if known, of
matters on which the lobbyist expects to act;
(F) Identification of the period of time within a single
calendar year during which the lobbyist is authorized to engage in these
activities, unless terminated sooner; and
(G) The full legal signature of the lobbyist and, when
appropriate, the person or entity on whose behalf the lobbyist acts or an agent
or authorized officer of the person or entity on whose behalf the lobbyist
acts.
(e) A lobbyist shall file a separate registration for each
person or entity that has engaged or employed the lobbyist for lobbying
purposes.
(f) A lobbyist may terminate the lobbyist’s registration by
providing written notice to the Panel and submitting all outstanding reports
and registrations.
(g) A person or entity may not engage in lobbying activities
on behalf of another person or entity for compensation that is contingent upon
the passage or defeat of any action by the Board or the outcome of any school
system action.
(h) Activity report.
(1) A lobbyist shall file with the Panel or the office
designated by the Panel:
(i) By July 31, one report concerning the lobbyist’s lobbying
activities covering the period beginning January 1 through June 30; and
(ii) By January 31, one report covering the period beginning
July 1 through December 31.
(2) A lobbyist shall file a separate activity report for each
person or entity on whose behalf the lobbyist acts.
(3) If the lobbyist is not an individual, an authorized
officer or agent of the entity shall sign the form.
(4) The report shall include:
(i) A complete and current statement of the information
required to be supplied with the lobbyist’s registration form.
(ii) Total expenditures on lobbying activities in each of the
following categories:
[(a)](A) Total compensation paid to the
lobbyist not including expenses reported under items (B)—(H) of this
subparagraph;
(B) Office expenses of the lobbyist;
(C) Professional and technical research and assistance not
reported in item(i) of this subparagraph;
(D) Publications which expressly encourage persons to
communicate with officials;
(E) Names of witnesses, and the fees and expenses paid to
each witness;
(F) Meals and beverages for officials;
(G) Reasonable expenses for food, lodging, and scheduled
entertainment of officials for a meeting which is given in return for
participation in a panel or speaking engagement at the meeting;
(H) Other gifts to or for officials or members of their
immediate families; and
(I) Other expenses.
(i) Special gift report.
(1) (i) With the six-month activity report required
under subsection (h) of this section, a lobbyist shall report, except for gifts
reported in item (h)(ii)(G) of this section, gifts from the lobbyist with a
cumulative value of $75 or more during the reporting period to an official or
member of the immediate family of an official.
(ii) The lobbyist
shall report gifts under this paragraph regardless of whether the gift was
given in connection with lobbying activities.
(2) The report shall include the date, beneficiary, amount or
value, and nature of the gift.
(j) Notification to official and confidentiality.
(1) If any report filed under this section contains the name
of an official or a member of the official’s immediate family, the Panel shall
notify the official within 30 days.
(2) The Panel shall keep the report confidential for 60 days
following receipt by the Panel.
(3) Within 30 days of the notice required under paragraph(1)
of this subsection, the official may file a written exception to the inclusion
in the report of the name of the official or the member of the official’s
immediate family.
(k) The Panel may require a lobbyist to submit other reports
the Panel determines to be necessary.
(l) (1) The Panel or office designated by the Panel
shall maintain all registrations and reports filed under this section for four
years from the date of receipt by the Panel.
(2) The Panel shall
make lobbying registrations and reports available during normal office hours,
for examination and copying by the public subject to reasonable fees and
administrative procedures established by the Panel or the Board.
(m) (1) The Panel shall review the registrations and
reports filed under this section for compliance with this section and shall
notify persons engaging in lobbying activities of any omissions or
deficiencies.
(2) The Panel or the
Board may take appropriate enforcement action to ensure compliance with this
section.
(n) Annual report.
(1) The Panel shall compute and make available a subtotal
under each of the ten required categories in subparagraph (h)(4)(ii) of this
section.
(2) The Panel shall compute and make available the total
amount reported by all lobbyists for their lobbying activities during the
reporting period.
Section 8. Sanctions.
(a) An official who violates this chapter is subject to
discipline, personnel action, or removal from office, as provided by law and
consistent with procedures set forth in [______].
(b) A person who violates this chapter is subject to the
provisions or sanctions in [______].
————————————
Appendix
B — Model Board of Education Ethics
Regulations
Authority: General Provisions Article, §§5-205 and 5-206 and Title
5, Subtitle 8, Annotated Code of Maryland
CHAPTER
____—ETHICS PROVISIONS
Section 1. Applicability and
definitions.
(a) This chapter applies to members of the Board of
Education, candidates to be members of the Board of Education, school
officials, and employees of the [______] County school system.
(b) In this chapter, the following terms have the meanings
indicated.
(1) “Designated second home” means:
(i) If an individual owns one second home, the individual’s
second home; or
(ii) If an individual owns more than one second home, any one
second home the individual identifies to the Commission as the individual’s
designated second home.
(2) “Gift”:
(i) Means the transfer of anything of economic value
regardless of form without adequate and lawful consideration; and
(ii) Does not include a contribution as defined in Election
Law Article, Annotated Code Maryland.
(2-1) “Home address” means the address of an individual’s:
(i) Principal home; and
(ii) Designated second home, if any.
(3) “Official” includes a member of the Board of Education,
an employee of the school system or Board of Education, and the Superintendent.
(4) “Principal home” means the sole residential property that
an individual occupies as the individual’s primary residence, whether owned or
rented by the individual.
(5) “Quasi-governmental entity” means an entity that is
created by State statute, that performs a public function, and that is
supported in whole or in part by the State but is managed privately.
(6) “Second home” means a residential property that:
(i) An individual occupies for some portion of the filing
year; and
(ii) Is not a rental property or a time share.
Section 2. Ethics panel.
(a) There is a [______] County School System Ethics Panel
that consists of ____ members appointed by the Chairman of the Board of
Education with the concurrence of the other members of the Board.
(b) The Ethics Panel shall:
(1) Devise, receive, and maintain all forms required by this
chapter;
(2) Provide advisory opinions to persons subject to this
chapter regarding the applicability of these provisions to them;
(3) Process and make determinations regarding complaints
alleging violations of this chapter;
(4) Refer findings regarding complaints and other enforcement
matters to the Board of Education for action; and
(5) Conduct an information program regarding the purposes and
application of this chapter.
(6) Certify to the State Ethics Commission on or before October
1 of each year that the Board of Education is in compliance with the
requirements of the General Provisions Article, Title 5, Subtitle 8, Annotated
Code of Maryland for elected officials.
Section 3. Conflicts of interest.
(a) In this section, “qualified relative” means a spouse,
parent, child, or sibling.
(b) Participation.
(1) Except as permitted by Board of Education regulation or
in the exercise of an administrative or ministerial duty that does not affect
the disposition or decision in the matter, an official may not participate in:
(i) Any matter in which, to the knowledge of the official,
the official or a qualified relative of the official has an interest; or
(ii) Any matter in which any of the following is a party:
[(a)](A) A business entity in which the
official has a direct financial interest of which the official may reasonably
be expected to know;
(B) A business entity for which the official or a qualified
relative of the official is an officer, director, trustee, partner, or
employee;
(C) A business entity with which the official or, to the
knowledge of the official, a qualified relative of the official is negotiating
or has any arrangement concerning prospective employment;
(D) A business entity that is a party to an existing contract
with the school official or which, to the knowledge of the official, a
qualified relative of the official, if the contract reasonably could be
expected to result in a conflict between the private interests of the official
and the school system or Board of Education duties of the official;
(E) An entity, doing business with the Board of Education or
school system, in which a direct financial interest is owned by another entity
in which the official has a direct financial interest, if the official may be
reasonably expected to know of both direct financial interests; or
(F) A business entity that:
1. The official knows is a creditor or obligee of the
official or a qualified relative of the official with respect to a thing of
economic value; and
2. As a creditor or obligee, is in a position to directly and
substantially affect the interest of the official or qualified relative of the
official.
(2) An official who is disqualified from participating under
paragraph(1) of this subsection shall disclose the nature and circumstances of
the conflict and may participate or act if:
(i) The disqualification leaves a body with less than a
quorum capable of acting;
(ii) The disqualified official is required by law to act; or
(iii) The disqualified official is the only person authorized
to act.
(3) A former regulated lobbyist who is or becomes subject to
this chapter as an employee or official, other than a member of the Board, may
not participate in a case, contract, or other specific matter as an employee or
official, other than a member of the Board, for one calendar year after the
termination of the registration of the former regulated lobbyist if the former
regulated lobbyist previously assisted or represented another party for
compensation in the matter.
(c) Employment and financial interests.
(1) Except as permitted by regulation of the Board of
Education when the interest is disclosed or when the employment does not create
a conflict of interest or appearance of conflict, an official may not:
(i) Be employed by or have a financial interest in an entity
that is:
[(a)](A) Subject to the authority of the
school system or Board of Education; or
(B) Negotiating or has entered a contract with the school
system or Board of Education; or
(ii) Hold any other employment relationship that would impair
the impartiality or independence of judgment of the official.
(2) This prohibition does not apply to:
(i) An official whose duties are ministerial, if the private
employment or financial interest does not create a conflict of interest or the
appearance of a conflict of interest, as permitted in accordance with
regulations adopted by the Board of Education; or
(ii) Subject to other provisions of regulation and law, a
member of the Board of Education in regard to a financial interest or
employment held at the time of the oath of office, if the financial interest or
employment:
[For an appointed board] [(a)](A) Was
publicly disclosed to the appointing authority and the Panel at the time of
appointment; or
[For an elected board] (B) Was disclosed on the financial
disclosure statement filed with the certificate of candidacy to be a candidate
to be a member of the Board.
(d) Post-employment. A former official may not assist or
represent any party other than the Board of Education or school system for
compensation in a case, contract, or other specific matter involving the Board
of Education or the school system if that matter is one in which the former
official significantly participated as an official.
(e) Contingent compensation. Except in a judicial or
quasi-judicial proceeding, an official may not assist or represent a party for
contingent compensation in any matter before or involving the Board of
Education or the school system.
(f) Use of prestige of office.
(1) (i) An official may not intentionally use the
prestige of office or public position:
[(a)](A) For the private gain of that
official or the private gain of another; or
(B) To influence, except as part of the official duties of
the official or as a usual and customary constituent service by a member of the
Board without additional compensation, the award of a state or local contract
to a specific person.
(ii) An official may not directly or indirectly initiate a
solicitation for a person to retain the compensated services of a particular
regulated lobbyist or lobbying firm.
(2) This subsection does not prohibit the performance of
usual and customary constituent services by a member of the Board of Education
without additional compensation.
(3) (i) An official, other than a member of the Board,
may not use public resources or the title of the official to solicit a
contribution as that term is defined in the Election Law Article.
(ii) A member of the
Board may not use public resources to solicit a contribution as that term is
defined in the Election Law Article.
(g) Gifts.
(1) An official may not solicit any gift.
(2) An official may not directly solicit or facilitate the
solicitation of a gift, on behalf of another person, from an individual
lobbyist.
(3) An official may not knowingly accept a gift, directly or
indirectly, from a person that the official knows or has reason to know:
(i) Is doing business with or seeking to do business with the
school system or Board unit with which the official is affiliated;
(ii) Is subject to the authority of the school system or
Board of Education;
(iii) Is a regulated lobbyist with respect to matters within
the jurisdiction of the official;
(iv) Has financial interests that may be substantially and
materially affected, in a manner distinguishable from the public generally, by
the performance or nonperformance of the school system duties of the official;
or
(v) Is an association, or any entity acting on behalf of an
association, that is engaged only in representing counties or municipal
corporations.
(4) (i) This paragraph does not apply to a gift:
[(a)](A) That would tend to impair the
impartiality and independence of judgment of the official receiving the gift;
(B) Of significant value that would give the appearance of
impairing the impartiality and independent judgment of the official; or
(C) Of significant value that the recipient official believes
or has reason to believe is designed to impair the impartiality and independent
judgment of the official.
(ii) Notwithstanding paragraph (3) of this subsection, an
official may accept:
[(a)](A) Meals and beverages consumed in
the presence of the donor or sponsoring entity;
(B) Ceremonial gifts or awards that have insignificant
monetary value;
(C) Unsolicited gifts of nominal value that do not exceed $20
in cost or trivial items of informational value;
(D) Reasonable expenses for food, travel, lodging, and
scheduled entertainment of the official at a meeting which is given in return
for the participation of the official in a panel or speaking engagement at the
meeting;
(E) Gifts of tickets or free admission extended to members of
the Board of Education to attend a charitable, cultural, or political event, if
the purpose of the gift or admission is a courtesy or ceremony extended to the
Board of Education;
(F) A specific gift or class of gifts which the Panel exempts
from the operation of this subsection upon a finding, in writing, that
acceptance of the gift or class of gifts would not be detrimental to the
impartial conduct of the business of the school system or Board of Education
and that the gift is purely personal and private in nature;
(G) Gifts from a person related by blood or marriage, or any
other individual who is a member of the household of the official; or
(H) An honorarium for speaking to or participating in a
meeting, provided that the offering of the honorarium is in no way related to
the school system or Board position of the official.
(h) Disclosure of confidential information. Other than in the
discharge of his official duties, an official or former official may not
disclose or use confidential information that the official acquired by reason
of the individual’s public position or former public position and that is not
available to the public for the economic benefit of the official or the
economic benefit of another person.
(i) An official or employee may not retaliate against an
individual for reporting or participating in an investigation of a potential
violation of the local ethics law or ordinance.
Section 4. Financial disclosure —
members of the Board of Education and candidates to be members of the Board of
Education.
(a) This section applies to all members of the Board of
Education and candidates to be members of the Board of Education.
(b) Except as provided in subsection (d) of this section, a
member of the Board or candidate to be a member of the Board shall file the
financial disclosure statement required under this subsection:
(1) On a form provided by the Panel;
(2) Under oath or affirmation; and
(3) With the Panel or the office designated by the Panel.
(c) Deadlines for filing statements.
(1) An incumbent official shall file a financial disclosure
statement annually no later than April 30 of each year for the preceding
calendar year.
(2) An official who is appointed to fill a vacancy in an
office for which a financial disclosure statement is required and who has not
already filed a financial disclosure statement shall file a statement for the
preceding calendar year within 30 days after appointment.
(3) (i) An individual who, other than by reason of
death, leaves an office for which a statement is required shall file a
statement within 60 days after leaving the office.
(ii) The statement
shall cover:
[(a)](A) The calendar year immediately
preceding the year in which the individual left office, unless a statement
covering that year has already been filed by the individual; and
(B) The portion of the current calendar year during which the
individual held the office.
(d) Candidates to be members of the Board of Education.
(1) Except for an official who has filed a financial
disclosure statement under another provision of this section for the reporting
period, a candidate to be a member of the Board of Education shall file a
financial disclosure statement each year beginning with the year in which the
certificate of candidacy is filed through the year of the election.
(2) A candidate to be a member of the Board of Education
shall file a statement required under this section:
(i) In the year the certificate of candidacy is filed, no
later than the filing of the certificate of candidacy;
(ii) In the year of the election, on or before the earlier of
April 30 or the last day for the withdrawal of candidacy; and
(iii) In all other years for which a statement is required,
on or before April 30.
(3) A candidate to be a member of the Board of Education:
(i) May file the statement required under §6(d)(2)(i) of this
chapter with the Board of Election Supervisors with the certificate of
candidacy or with the Panel prior to filing the certificate of candidacy; and
(ii) Shall file the statements required under §6(d)(2)(ii)
and (iii) of this chapter with the Panel or the office designated by the Panel.
(4) If a statement required to be filed by a candidate is
overdue and not filed within 8 days after written notice of the failure to file
is provided by the Board of Election Supervisors, the candidate is deemed to
have withdrawn the candidacy.
(5) The Board of Election Supervisors may not accept any
certificate of candidacy unless a statement required under this section has
been filed in proper form.
(6) Within 30 days of the receipt of a statement required
under this section, the Board of Election Supervisors shall forward the
statement to the Panel, or the office designated by the Panel.
(e) Public record.
(1) The Panel or office designated by the Panel shall
maintain all financial disclosure statements filed under this section.
(2) The Panel or office designated by the Panel or Board
shall make financial disclosure statements available during normal office
hours, for examination and copying by the public subject to reasonable fees and
administrative procedures established by the Panel or the Board.
(3) If an individual examines or copies a financial
disclosure statement, the Panel or the office designated by the Panel shall
record:
(i) The name and home address of the individual reviewing or
copying the statement; and
(ii) The name of the person whose financial disclosure
statement was examined or copied.
(4) Upon request by the individual whose financial disclosure
statement was examined or copied, the Panel or the office designated by the
Panel shall provide the individual with a copy of the name and home address of
the person who reviewed the individual’s financial disclosure statement.
(5) For statements filed after January 1, 2019, the Panel or
the office designated by the Panel may not provide public access to an
individual’s home address that the individual has designated as the
individual’s home address.
(6) The Board or office designated by the Board shall not
provide public access to information related to consideration received from:
(i) The University of Maryland Medical System;
(ii) A governmental entity of the State or a local government
in the State; or
(iii) A quasi-governmental entity of the State or local
government in the State.
(f) Retention requirements. The Panel or the office
designated by the Panel shall retain financial disclosure statements for four
years from the date of receipt.
(g) An individual who is required to disclose the name of a
business under this section shall disclose any other names that the business is
trading as or doing business as.
(h) Contents of statement.
(1) Interests in real property.
(i) A statement filed under this section shall include a
schedule of all interests in real property wherever located.
(ii) For each interest in real property, the schedule shall
include:
[(a)](A) The nature of the property and
the location by street address, mailing address, or legal description of the
property;
(B) The nature and extent of the interest held, including any
conditions and encumbrances on the interest;
(C) The date when, the manner in which, and the identity of
the person from whom the interest was acquired;
(D) The nature and amount of the consideration given in
exchange for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired;
(E) If any interest was transferred, in whole or in part, at
any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for the
interest, and the identity of the person to whom the interest was transferred;
and
(F) The identity of any other person with an interest in the
property.
(2) Interests in
corporations and partnerships.
(i) A statement filed under this section shall include a
schedule of all interests in any corporation, partnership, limited liability
partnership, or limited liability corporation, regardless of whether the
corporation or partnership does business with the school system or Board of
Education.
(ii) For each interest reported under this paragraph, the
schedule shall include:
[(a)](A) The name and address of the
principal office of the corporation, partnership, limited liability
partnership, or limited liability corporation;
(B) The nature and amount of the interest held, including any
conditions and encumbrances on the interest;
(C) With respect to any interest transferred, in whole or in
part, at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for the
interest, and, if known, the identity of the person to whom the interest was
transferred; and
(D) With respect to any interest acquired during the
reporting period:
1. The date when, the manner in which, and the identity of
the person from whom the interest was acquired; and
2. The nature and the amount of the consideration given in
exchange for the interest or, if acquired other than by purchase, the fair
market value of the interest at the time acquired.
(iii) An individual may satisfy the requirement to report the
amount of the interest held under item (ii)(B) of this paragraph by reporting,
instead of a dollar amount:
[(a)](A) For an equity interest in a
corporation, the number of shares held and, unless the corporation’s stock is
publicly traded, the percentage of equity interest held; or
(B) For an equity interest in a partnership, the percentage
of equity interest held.
(3) Interests in business entities doing business with the
school system or Board of Education.
(i) A statement filed under this section shall include a
schedule of all interests in any business entity that does business with the
school system or Board of Education, other than interests reported under
paragraph (2) of this subsection.
(ii) For each interest reported under this paragraph, the
schedule shall include:
[(a)](A) The name and address of the
principal office of the business entity;
(B) The nature and amount of the interest held, including any
conditions to and encumbrances on the interest;
(C) With respect to any interest transferred, in whole or in
part, at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received in exchange
for the interest, and, if known, the identity of the person to whom the
interest was transferred; and
(D) With respect to any interest acquired during the
reporting period:
1. The date when, the manner in which, and the identity of
the person from whom the interest was acquired; and
2. The nature and the amount of the consideration given in
exchange for the interest or, if acquired other than by purchase, the fair market
value of the interest at the time acquired.
(4) Gifts.
(i) A statement filed under this section shall include a
schedule of each gift in excess of $20 in value or a series of gifts totaling
$100 or more received during the reporting period from or on behalf of,
directly or indirectly, any one person who does business with the school system
or Board of Education, or from an association, or any entity acting on behalf
of an association that is engaged only in representing counties or municipal
corporations.
(ii) For each gift
reported, the schedule shall include:
(5) Employment with or interests in entities doing business
with the school system or Board of Education.
(i) A statement filed under this section shall include a
schedule of all offices, directorships, and salaried employment by the
individual or member of the immediate family of the individual held at any time
during the reporting period with entities doing business with the school system
or Board of Education:
[(a)](A) A description of the nature and
value of the gift; and
(B) The identity of the person from whom, or on behalf of
whom, directly or indirectly, the gift was received.
(ii) For each position reported under this paragraph, the
schedule shall include:
[(a)](A) The name and address of the
principal office of the business entity;
(B) The title and nature of the office, directorship, or
salaried employment held and the date it commenced; and
(C) The name of each school system or Board unit with which
the entity is involved.
(6) Indebtedness to entities doing business with or regulated
by the individual’s school system unit or department.
(i) A statement filed under this section shall include a
schedule of all liabilities, excluding retail credit accounts, to persons doing
business with or regulated by the individual’s school system unit or department
owed at any time during the reporting period:
[(a)](A) By the individual; or
(B) By a member of the immediate family of the individual if
the individual was involved in the transaction giving rise to the liability.
(ii) For each liability reported under this paragraph, the
schedule shall include:
[(a)](A) The identity of the person to
whom the liability was owed and the date the liability was incurred;
(B) The amount of the liability owed as of the end of the
reporting period;
(C) The terms of payment of the liability and the extent to
which the principal amount of the liability was increased or reduced during the
year; and
(D) The security given, if any, for the liability.
(7) Employment with the school system or Board of Education.
A statement filed under this section shall include a schedule of the immediate
family members of the individual employed by the school system or Board of
Education in any capacity at any time during the reporting period.
(8) Sources of earned income.
(i) A statement filed under this section shall include a
schedule of the name and address of each [place] source of compensated employment
and of each business entity of which the individual or a member of the
individual’s immediate family was a sole or partial owner and from which the
individual or member of the individual’s immediate family received earned
income at any time during the reporting period.
(ii) A minor child’s employment or business ownership need
not be disclosed if the school system or Board of Education does not regulate,
exercise authority over, or contract with the place of employment or business
entity of the minor child.
(iii) For a statement filed on or after January 1, 2019, if
the individual’s spouse is a lobbyist regulated by the Board, the individual
shall disclose the entity that has engaged the spouse for lobbying purposes.
(9) Relationship with University of Maryland Medical System,
State or Local Government, or Quasi-Governmental Entity.
(i) An individual shall disclose the information specified in
General Provisions Article §5-607(j)(1), Annotated Code of Maryland, for any
financial or contractual relationship with:
[(a)](A) The University of Maryland
Medical System;
(B) A governmental entity of the State or a local government
in the State; or
(C) A quasi-governmental entity of the State or local
government in the State.
(ii) For each financial or contractual relationship reported,
the schedule shall include:
[(a)](A) A description of the
relationship;
(B) The subject matter of the relationship; and
(C) The consideration.
(10) A statement filed under this section may also include a
schedule of additional interests or information that the individual making the
statement wishes to disclose.
(i) For the purposes of §4(g)(1), (2), and (3) of this
chapter, the following interests are considered to be the interests of the
individual making the statement:
(1) An interest held by a member of the individual’s
immediate family, if the interest was, at any time during the reporting period,
directly or indirectly controlled by the individual.
(2) An interest held, at any time during the applicable
period, by:
(i) A business entity in which the individual held a [(10)%]
10% or greater interest;
(ii) A business entity described in item(i) of this
subsection in which the business entity held a 25% or greater interest; (iii) a
business entity described in item (ii) of this subsection in which the business
entity held a 50% or greater interest; and
(iii) A business entity in which the individual directly or
indirectly, though an interest in one or a combination of other business
entities, holds a 10% or greater interest.
(3) An interest held by a trust or an estate in which, at any
time during the reporting period:
(i) The individual held a reversionary interest or was a
beneficiary; or
(ii) If a revocable trust, the individual was a settlor.
(j) (1) The Panel shall review the financial disclosure
statements submitted under this section for compliance with the provisions of
this section and shall notify an individual submitting the statement of any
omissions or deficiencies.
(2) The Panel or Board
of Education may take appropriate enforcement action to ensure compliance with
this section.
Section 5. Financial disclosure —
Employees and appointed officials.
(a) This section only applies to the following appointed
officials and employees.
(list of appointed official
titles and employee titles)
(b) A statement filed under this section shall be filed with
the Panel or office designated by the Panel under oath or affirmation.
(c) On or before April 30 of each year during which an
official or employee holds office, an official or employee shall file a
statement disclosing gifts received during the preceding calendar year from any
person that contracts with or is under the authority of the Board of Education
or the school system, including the name of the donor of the gift and the
approximate retail value at the time of receipt.
(d) An official or employee shall disclose employment and
interest that raise conflicts of interest or potential conflicts of interest in
connection with a specific proposed action by the employee or official
sufficiently in advance of the action to provide adequate disclosure to the
public.
(e) An individual who is required to disclose the name of a
business under this section shall disclose any other names that the business is
trading as or doing business as.
(f) Relationship with University of Maryland Medical System,
State or Local Government, or Quasi-Governmental Entity.
(1) An individual shall disclose the information specified in
General Provisions Article §5-607(j)(1), Annotated Code of Maryland, for any
financial or contractual relationship with:
(i) The University of Maryland Medical System;
(ii) A governmental entity of the State or a local government
in the State; or
(iii) A quasi-governmental entity of the State or local
government in the State.
(2) For each financial or contractual relationship reported,
the schedule shall include:
(i) A description of the relationship;
(ii) The subject matter of the relationship; and
(iii) The consideration.
(g) The Panel or office designated by the Panel shall
maintain all disclosure statements filed under this section as public records
available for public inspection and copying as provided in §4(e) and (f) of
this chapter.
Section 6. Lobbying.
(a) A person shall file a lobbying registration statement
with the Panel or office designated by the Panel if the person:
(1) Personally appears before any school official or employee
with the intent to influence that person in performance of the official duties
of the official or employee; and
(2) In connection with the intent to influence, expends or
reasonably expects to expend in a given calendar year in excess of $[____] on
food, entertainment, or other gifts for officials and employees of the Board of
Education or school system.
(b) A person shall file a registration statement required
under this section on or before the later of January 15 of the calendar year or
within five days after first performing an act that requires registration in
the calendar year.
(c) (1) The registration statement shall identify:
(i) The registrant;
(ii) Any other person on whose behalf the registrant acts;
and
(iii) The subject matter on which the registrant proposes to
make appearances specified in subsection(a) of this section.
(2) The registration statement shall cover a defined
registration period not to exceed one calendar year.
(d) Within 30 days after the end of a calendar year during
which a person was registered under this section, the person shall file a
report with the Panel or office designated by the Panel disclosing:
(1) The value, date, and nature of any food, entertainment,
or other gift provided to a school official or employee; and
(2) If a gift or series of gifts to a single official or
employee exceeds $[____] in value, the identity of the official or employee.
(e) The Panel or office designated by the Panel shall
maintain the registrations and reports filed under this section as public
records available for public inspection and copying.
Section 7. Exemptions and
modifications.
The Ethics Panel or the Board of Education, as appropriate, may
grant exemptions and modifications to the provisions of §§3 and 5 of this
chapter to employees and appointed officials who are not members of the Board
of Education when the Panel or Board of Education determines that application
of those provisions is not required to preserve the purposes of this chapter
and would:
(a) Constitute an unreasonable invasion of privacy; and
(b) Significantly reduce the availability of qualified
persons for public service.
Section 8. Sanctions.
(a) An official who violates this chapter is subject to
discipline, personnel action, or removal from office, as provided by law and
consistent with procedures set forth in [______].
(b) A person who violates this chapter is subject to the
provisions or sanctions in [______].
(c) A finding of a violation of this chapter by the Board is
public information.
