Chapter 03. Exception to Participation Restriction
Regulation .01 General.LinkCopy Citation
The Commission may grant an official or employee an exception to the participation restrictions of General Provisions Article, §5-501, Annotated Code of Maryland, related to a business entity with which a qualifying relative is affiliated if:
A.
The official’s or employee’s agency or appointing authority supports the exception; and
B.
The Commission finds that, based on the overall circumstances and relationships, granting an exception is not contrary to the purposes of the Public Ethics Law.
Regulation .02 Factors to Be Considered.LinkCopy Citation
In determining whether to grant an exception under Regulation .01 of this chapter, the Commission shall consider:
A.
The nature of the qualifying relative’s relationship with the business entity;
B.
The nature of the relationship between the official or employee and the qualifying relative;
C.
The geographical distance between the official or employee and the qualifying relative;
D.
Any prior issues related to the official’s or employee’s participation in the matter;
E.
Agency controls and safeguards;
F.
Any involvement by the qualifying relative in the matter involving the official or employee; and
G.
The nature of the official’s or employee’s participation in the matter in relation to the official’s or employee’s overall duties.
Chapter annotations
Authority: General Provisions Article, §§5-206 and 5-501, Annotated Code of Maryland
History: Effective date: October 15, 2012 (39:20 Md. R. 1308)