<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 19A.02.01.04" title_num="19A" subtitle_num="02" chapter_num="01" heading="Application of Exceptions.">
  <paragraph num="A.">
    <text>The Commission may grant an exception under Regulation .03 of this chapter to an individual who does not meet the criteria of Regulation .03B, C, D, or F of this chapter for specific outside employment if:</text>
    <paragraph num="(1)">
      <text>The head of the employee’s or official’s governmental unit advises the Commission that the head of the governmental unit does not believe that the secondary employment would present a conflict of interest or the appearance of a conflict of interest that would impair the credibility of the governmental unit; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Commission concurs in the assessment of the head of the official’s or employee’s governmental unit provided under §A(1) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Commission may grant an exception under Regulation .03 of this chapter to an individual who does not meet the criteria of Regulation .03H of this chapter if:</text>
    <paragraph num="(1)">
      <text>The official’s or employee’s private compensation is funded by contracts involving broad reimbursement payments that are based on a generally applicable standard and that do not involve substantial agency negotiation or discretion;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The head of the official’s or employee’s agency advises the Commission that the head of the agency does not believe that the secondary employment would present a conflict of interest or the appearance of a conflict of interest that would impair the credibility of the agency; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commission concurs in the assessment of the head of the official’s or employee’s agency provided under §B(2) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Commission may grant an exception under Regulation .03 of this chapter to an employee who does not meet the criteria of Regulation .03F, G, or H of this chapter if:</text>
    <paragraph num="(1)">
      <text>The employee has limited duties that are defined with sufficient precision regarding time, mode, and occasion that the employee may not exercise substantial discretion or judgment;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The head of the employee’s governmental unit advises the Commission that the head of the governmental unit:</text>
      <paragraph num="(a)">
        <text>Believes that the service or product to be supplied by the employee would be otherwise unavailable to the State; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Does not believe that the secondary employment would present a conflict of interest or the appearance of a conflict that would impair the credibility of the agency; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commission concurs in the assessment of the head of the employee’s governmental unit provided under §C(2) of this regulation.</text>
    </paragraph>
  </paragraph>
</regulation>