# COMAR Title 19A — State Ethics Commission

## Subtitle 01 — Procedures

### Chapter 03 — Enforcement Procedures

#### Regulation .03 Preliminary Inquiry.

*COMAR 19A.01.03.03*

A. The Commission may consider as a preliminary inquiry any matter that:

  (1) Arises from any source, including the consideration of an advisory opinion;

  (2) Involves past or ongoing conduct; and

  (3) Presents a possible violation of General Provisions Article, Title 5, Annotated Code of Maryland.

B. The staff counsel shall, upon the direction of the Commission:

  (1) Collect and review information pertaining to a preliminary inquiry; and

  (2) Present this information to the Commission for its consideration.

C. The Commission may close a preliminary inquiry without issuing a complaint if the Commission determines that:

  (1) The matter is not within the jurisdiction of the Commission;

  (2) The information presented does not support the filing of a complaint; or

  (3) Based on all the circumstances presented, further enforcement proceedings would not serve the purposes of General Provisions Article, Title 5, Annotated Code of Maryland.

D. A preliminary inquiry may also be closed by:

  (1) Docketing the matter for consideration as an advisory opinion pursuant to COMAR 19A.01.02;

  (2) Letter or other informal advice; or

  (3) Other resolution agreed to by the subject.