# COMAR Title 19A — State Ethics Commission

## Subtitle 02 — Conflicts of Interest

### Chapter 03 — Exception to Participation Restriction

**Authority:** General Provisions Article, §§5-206 and 5-501, Annotated Code of Maryland

**Administrative History:** Effective date: October 15, 2012 (39:20 Md. R. 1308)

#### Regulation .01 General.

*COMAR 19A.02.03.01*

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.

*COMAR 19A.02.03.02*

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.