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<section article="ggp" article_name="General Provisions" number="5-501" title_number="5" title_name="Maryland Public Ethics Law" subtitle_number="5" subtitle_name="Conflicts of Interest">
  <level label="a">
    <text>Except as otherwise provided in subsection (c) of this section, an official or employee may not participate in a matter if:</text>
    <level label="1">
      <text>the official or employee or a qualifying relative of the official or employee has an interest in the matter and the official or employee knows of the interest; or</text>
    </level>
    <level label="2">
      <text>any of the following is a party to the matter:</text>
      <level label="i">
        <text>a business entity in which the official or employee has a direct financial interest of which the official or employee reasonably may be expected to know;</text>
      </level>
      <level label="ii">
        <text>a business entity, including a limited liability company or a limited liability partnership, of which any of the following is an officer, a director, a trustee, a partner, or an employee:</text>
        <level label="1">
          <text>the official or employee; or</text>
        </level>
        <level label="2">
          <text>if known to the official or employee, a qualifying relative of the official or employee;</text>
        </level>
      </level>
      <level label="iii">
        <text>a business entity with which any of the following has applied for a position, is negotiating employment, or has arranged prospective employment:</text>
        <level label="1">
          <text>the official or employee; or</text>
        </level>
        <level label="2">
          <text>if known to the official or employee, a qualifying relative of the official or employee;</text>
        </level>
      </level>
      <level label="iv">
        <text>if the contract reasonably could be expected to result in a conflict between the private interest and the official State duties of the official or employee, a business entity that is a party to a contract with:</text>
        <level label="1">
          <text>the official or employee; or</text>
        </level>
        <level label="2">
          <text>if known to the official or employee, a qualifying relative of the official or employee;</text>
        </level>
      </level>
      <level label="v">
        <text>a business entity, either engaged in a transaction with the State or subject to regulation by the official’s or employee’s governmental unit, in which a direct financial interest is owned by another business entity if the official or employee:</text>
        <level label="1">
          <text>has a direct financial interest in the other business entity; and</text>
        </level>
        <level label="2">
          <text>reasonably may be expected to know of both financial interests; or</text>
        </level>
      </level>
      <level label="vi">
        <text>a business entity that:</text>
        <level label="1">
          <text>the official or employee knows is a creditor or an obligee of the official or employee, or of a qualifying relative of the official or employee, with respect to a thing of economic value; and</text>
        </level>
        <level label="2">
          <text>as a creditor or an obligee, is in a position to affect directly and substantially the interest of the official, employee, or qualifying relative.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="a–1">
    <level label="1">
      <text>This subsection does not apply to an individual who is a public official only as a member of a board and who receives annual compensation that is less than 25% of the lowest annual compensation at State grade level 16.</text>
    </level>
    <level label="2">
      <text>A former regulated lobbyist who is or becomes subject to regulation under this title as a public official or employee may not participate in a case, contract, or other specific matter as a public official or employee for 1 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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The prohibitions of subsection (a) of this section do not apply if participation is allowed:</text>
      <level label="i">
        <text>as to officials and employees subject to the authority of the Ethics Commission, by regulation of the Ethics Commission;</text>
      </level>
      <level label="ii">
        <text>by the opinion of an advisory body; or</text>
      </level>
      <level label="iii">
        <text>by another provision of this subtitle.</text>
      </level>
    </level>
    <level label="2">
      <text>This section does not prohibit participation by an official or employee that is limited to the exercise of an administrative or ministerial duty that does not affect the decision or disposition with respect to the matter.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>An official or employee who otherwise would be disqualified from participation under subsection (a) of this section shall disclose the nature and circumstances of the conflict, and may participate or act, if:</text>
      <level label="i">
        <text>the disqualification would leave a body with less than a quorum capable of acting;</text>
      </level>
      <level label="ii">
        <text>the disqualified official or employee is required by law to act; or</text>
      </level>
      <level label="iii">
        <text>the disqualified official or employee is the only individual authorized to act.</text>
      </level>
    </level>
    <level label="2">
      <text>If the Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller is required to make a disclosure under paragraph (1) of this subsection, the Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller, as appropriate, shall send a copy of the disclosure to the presiding officers of the General Assembly and to the Ethics Commission.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>This subsection applies only to:</text>
      <level label="i">
        <text>the Governor;</text>
      </level>
      <level label="ii">
        <text>the Lieutenant Governor;</text>
      </level>
      <level label="iii">
        <text>the Attorney General;</text>
      </level>
      <level label="iv">
        <text>the Treasurer;</text>
      </level>
      <level label="v">
        <text>the Comptroller; and</text>
      </level>
      <level label="vi">
        <text>a secretary of a principal department in the Executive Branch.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>An official who takes executive action that the official knows or reasonably should know would have a material financial impact on the official or a person whose interests are attributable to the official under § 5–608 of this title shall provide the Ethics Commission and the Joint Ethics Committee a description of the executive action and the circumstances of the potential impact.</text>
      </level>
      <level label="ii">
        <text>An official is not required to make a disclosure under this paragraph if the impact is common to all members of:</text>
        <level label="1">
          <text>the general public or a large class of the general public; or</text>
        </level>
        <level label="2">
          <text>a profession or occupation of which the official is a member.</text>
        </level>
      </level>
    </level>
  </level>
</section>
