Md. Code Regs. 19A.02.02.03

Current through Register Vol. 51, No. 24, December 2, 2024
Section 19A.02.02.03 - Exceptions

Subject to Regulation .04 of this chapter, the Commission may grant an official or employee an exception to Regulation .02 of this chapter for a specific financial interest if:

A. The interest is disclosed as provided in Regulation .05 of this chapter;
B. The employee's or official's State duties do not significantly impact on the entity in which the financial interest is held, or on a contract or proposed contract between the entity and the official's or employee's governmental unit;
C. The employee or official is not directly supervised by a person who has duties that significantly impact on the entity in which the financial interest is held, or on the contract or proposed contract;
D. The official or employee does not supervise a person who has duties that significantly impact on the entity in which the financial interest is held, or on the contract or proposed contract;
E. The employee or official is not affiliated with the specific unit within the employee's or official's governmental unit that exercises authority over the entity in which the financial interest is held, or is involved in contracts with the entity;
F. The employee or official has complied with relevant other sections of the Ethics Law relating to the matters involved;
G. The employee's or official's financial interest in the entity involves no substantive non-ministerial duties significantly relating to the employee's or official's governmental unit's authority over the entity;
H. The employee's or official's financial interest in the entity does not involve negotiating or carrying out a contract involving the entity and the employee's or official's governmental unit, other than contracts involving broad reimbursement payments that are based on a generally applicable standard and that do not involve substantial negotiation or discretion;
I. State contract or contracts do not exceed 20 percent of the calendar year gross income of the entity in which the financial interest is held, one-third of the capitalized value of the entity, or a value at any time during a calendar year of $5,000 or more; and
J. The Commission determines that the employee's or official's financial interest and the circumstances do not otherwise raise a conflict of interest or appearance of conflict as contemplated by State Government Article, §§ 15-102 and 15-502, Annotated Code of Maryland.

Md. Code Regs. 19A.02.02.03

Regulation .03 amended effective October 15, 2012 (39:20 Md. R. 1308)