The Maryland Department of Agriculture's State agriculture programs benefit from the specialized knowledge of employees who own or operate a farm. This chapter explains the Department's policy governing conflicts of interest relating to financial interest and secondary employment for employees who work for the Department and at the same time own or operate a farm that is subject to the Department's regulatory authority. An individual who applies for employment, or who is employed by the Department, shall disclose whether that individual or employee owns, has an ownership interest in, or operates a farm. A Department employee may not participate, as a part of that employee's duties, in any of the following matters if that participation in any way affects the employee's farm, or a farm that directly competes for business with the employee's farm operation: Any contract with the Department; Any regulatory or enforcement action; Any Department program that controls, or in any way regulates the employee's farm operation; or Any matter that will have a direct and predictable effect on the employee's financial interest in the employee's farm operation, including such a matter involving: The employees' spouse, or immediate family; An outside employer or prospective employer of the employee; An organization in which the employee serves as an officer, director, or general partner; or Any person with whom the employee has or seeks a business, contractual, or other financial relationship. Any Department employee who owns or operates a farm is subject to all applicable provisions of the Ethics Law. For example, the Ethics Law, in part, prohibits employees from participating in matters in which the employee or a relative has a financial or other interest under State Government Article, §15-501, Annotated Code of Maryland. The Ethics Law contains restrictions on: Post-employment, under State Government Article, §15-504, Annotated Code of Maryland; Gifts, under State Government Article, §15-505, Annotated Code of Maryland; and Procurement, under State Government Article, §15-508, Annotated Code of Maryland. The Ethics Law precludes employees from intentionally using the prestige of their position to benefit themselves or others, under State Government Article, §15-606, Annotated Code of Maryland, and State Government Article, §2-307, Annotated Code of Maryland. The Ethics Law precludes disclosure or use of confidential information acquired by reason of the employee's public position and not yet available to the public: For personal economic benefit; or For the economic benefit of another, unless the confidential information is released in the discharge of an official duty, under State Government Article, §15-507, Annotated Code of Maryland. In accordance with State Government Article, §15-601, Annotated Code of Maryland, employees may be subject to financial disclosure provisions and may be required to file annual statements if identified as being required to file under that section. The Department is responsible for: Making each employee aware of the requirements of this chapter; Ensuring that each employee who has an outside farm business acknowledges that the employee has read and agrees to be bound by the requirements of this chapter; Ensuring that each employee subject to this chapter has executed a nonparticipation agreement with the Department that requires the employee to designate a representative to interact with the Department on matters involving the employee's farming business, and directs the employee to acknowledge that the employee may not participate in any way in any decision regarding any complaint or question regarding their farming business; Keeping records for each employee who is subject to the requirements of this chapter; and Monitoring and enforcing employee compliance with the requirements of this chapter. An employee who violates this chapter is subject to disciplinary action, including termination from State service. The Department shall provide copies of applicable nonparticipating agreements, and provide annual reports to the State Ethics Commission on the number of employees hired by the Department during any year who own or operate a farm that is subject to the Department's regulatory authority. On or before December 31, 2010, the Maryland Department of Agriculture and the State Ethics Commission shall jointly prepare and submit a report to the General Assembly, in accordance with State Government Article, §2-1246, Annotated Code of Maryland that includes: The number of employees hired by the Department, on or after October 1, 2007, who own or operate a farm; The positions for which the employees identified in this regulation were hired; and Information on how the Department addressed any conflict of interest or potential conflict of interest in hiring the employees identified in this regulation. Agriculture Article §2-102(e), Annotated Code of Maryland Effective date: March 8, 2010 (37:5 Md. R. 428)