Except as provided in §B of this regulation, this chapter applies to members of State boards and commissions: Who the Commission determines are public officials; Whom the Commission has not exempted from financial disclosure requirements under Regulation .03 of this chapter; and Who receive as annual compensation less than 25 percent of the annual salary of an employee classified as a grade 16, base level, of the State standard salary schedule. This chapter does not apply to: A public official who: Files a financial disclosure statement for the reporting period required by COMAR 19A.03.03; and Discloses the public official’s service on the board or commission on the financial disclosure statement for the reporting period; or A member of the Maryland-National Capital Park and Planning Commission, the Washington Suburban Sanitary Commission, the Washington Suburban Transit Commission, the Workers’ Compensation Commission, the Parole Commission, the Public Service Commission, the Maryland Lottery and Gaming Control Commission, or the Maryland Automobile Insurance Fund. In this chapter, the following terms have the meanings indicated. Terms Defined. “Board or commission” includes any unit that is administered, governed, or subject to appellate review by the board or commission. “Doing business with” means being: A party to sales, purchases, leases, or contracts to, from, or with an entity involving consideration of $5,000 or more during the reporting period; A registrant who lobbies on matters before the board or commission; or Regulated by the board or commission. “Regulated by” the member's board or commission does not include the mere act of approval or authorization of a corporate or business name by a board or commission. “Reporting period” means the period of time covered by a financial disclosure statement. The Commission may grant a board or commission a preliminary exemption from the requirement that members of the board or commission file financial disclosure statements if the Commission determines that the criteria in §C of this regulation are met. A board or commission that does not receive a preliminary exemption under §A of this regulation may request in writing that the Commission grant the board or commission an exemption from the requirement that members of the board or commission file financial disclosure statements with the Commission. The Commission may grant a board or commission an exemption requested under §B of this regulation if: The Commission finds that requiring members of the board or commission to file financial disclosure statements: Will constitute an unreasonable invasion of privacy; Will significantly reduce the availability of qualified individuals for public service; and Is not necessary to preserve the purposes of the Public Ethics Law; and For a board or commission in a cabinet department of the Executive Branch, the Secretary of the Department submits written documentation of the Secretary’s support of the exemption request. When considering a preliminary exemption request under §A or an exemption request under §B of this regulation, the Commission shall consider: The duration of the board or commission; Whether the board or commission is advisory only; and Any other compelling reason that may require members to file financial disclosure statements. The records of the Commission related to an exemption are public documents. An individual shall file a financial disclosure statement on a form or using the electronic filing system provided by the Commission. Contents of Financial Disclosure Statements. An individual shall report the information specified in this section, if known, for the reporting period. An individual who is required to disclose the name of a business under this section shall disclose any other names that the business is trading as or doing business as. An individual shall disclose the information specified in General Provisions Article, §5-607(b), Annotated Code of Maryland, for an interest the individual holds in real property that: Is subject to a lease or other contract with the individual’s State board or commission; Is the subject of a lease or other contract with an entity that: Has a contract with the individual’s board or commission; Is regulated by the individual’s board or commission; or Is licensed by the individual’s board or commission; Is co-owned by a person who: Has a contract with the individual’s board or commission; Is regulated by the individual’s board or commission; or Is licensed by the individual’s board or commission; Was negotiated for sale or lease or was sold or leased to the individual’s board or commission during the reporting period; The individual held during the reporting period and that the individual plans to offer for lease or sale to the individual’s board or commission during the current calendar year; The individual purchased from a person that contracts with, is regulated by, or is licensed by the individual’s board or commission; or Is regulated by the individual’s board or commission. An individual shall disclose the information specified in General Provisions Article, §5-607(c), Annotated Code of Maryland, for an interest the individual holds in a corporation, partnership, limited liability partnership, or limited liability company if the interest: Is greater than a 1 percent ownership interest if the corporation, partnership, limited liability partnership, or limited liability company: Is regulated or licensed by the individual’s board or commission; or Is doing business with the individual’s board or commission; or Is 20 percent or greater if: Another person owns an interest in the corporation, partnership, limited liability partnership, or limited liability company and the person is regulated by, licensed by, lobbies, or has a contract with an annual value of $5,000 or more with the individual’s board or commission; or The corporation, partnership, limited liability partnership, or limited liability company owns a direct financial interest in another entity that is regulated by, licensed by, lobbies, or has a contract with an annual value of $5,000 or more with the individual’s board or commission. An individual shall disclose the information specified in General Provisions Article, §5-607(d), Annotated Code of Maryland, for an interest the individual holds in a business entity if the interest is not disclosed under §B(3) of this regulation and the interest: Is greater than a 1 percent ownership interest if the entity: Is regulated or licensed by the individual’s board or commission; or Is negotiating to do business with or is doing business with the individual’s board or commission; or Is 20 percent or greater if: Another person owns an interest in the entity and the person is regulated by, licensed by, lobbies, or has a contract with an annual value of $5,000 or more with the individual’s board or commission; or The entity owns a direct financial interest in another entity that is regulated by, licensed by, lobbies, or has a contract with an annual value of $5,000 or more with the individual’s board or commission. Gifts. Except as provided in §B(6)(b) of this regulation, an individual shall disclose the information specified in General Provisions Article, §5-607(e), Annotated Code of Maryland, for a gift in excess of $50 in value and for any series of gifts totaling over $100 in value in the reporting period from any person doing business with, regulated by, registered as a lobbyist before the individual’s board or commission, or is an association, or an entity acting on behalf of an association, that is engaged only in representing counties or municipal corporations. This subsection does not require an individual to report gifts from the individual’s immediate family members, parents, or children. An individual shall disclose the information specified in General Provisions Article, §5-607(f), Annotated Code of Maryland, for any office, directorship, or salaried employment with any entity that does business with the individual’s board or commission that was held by the individual or a member of the individual’s immediate family during the reporting period. An individual shall disclose the information specified in General Provisions Article, §5-607(g), Annotated Code of Maryland, for a debt the individual owed at any point in the reporting period to any person or entity that does business with the individual’s board or commission or is under the authority of the individual’s board or commission. For an immediate family member of the individual who was employed by the individual’s board or commission during the reporting period, an individual shall report: The name of the immediate family member; The familial relationship between the individual and the immediate family member; and The title of the position the immediate family member held with the board or commission. Salary or Business Ownership. An individual shall disclose the information specified in §B(9)(b) of this regulation for each: Source of compensated employment of the individual and each member of the individual’s immediate family held at any time during the reporting period; Business entity of which the individual or a member of the individual’s immediate family was a sole owner and from which the individual or the member of the immediate family earned income during the reporting period; and Business entity of which the individual or member of the individual’s immediate family member was a partial owner, if the business entity did business with the individual’s board or commission during the reporting period, and the individual or member of the individual’s immediate family earned income during the reporting period. A disclosure required under this subsection shall include: The name and address of the source of compensated employment or business entity owned; Whether the relationship is an employment or ownership interest; and The identity of the holder of the interest or employment. An individual may disclose any other interests or information that has not been disclosed and that the individual chooses to disclose. An individual who files a financial disclosure statement using the electronic filing system of the Commission may disclose the following information in the ranges specified in the electronic filing system: For a real property interest: If the interest is held jointly with other persons, the percentage interest held by each owner; The consideration paid when the interest was acquired, the fair market value if acquired other than by purchase, or the annual rent if the individual rents the property; and If any portion of the interest was transferred in the reporting period, the percentage of the interest that was transferred and the amount of consideration received for the interest; For an interest in a corporation: The number of shares held or the value of the shares; If the interest is held jointly with other persons, the percentage interest held by each owner; If an interest was acquired during the reporting period in a manner other than by dividend or dividend reinvestment or over $500 was acquired by dividend or dividend reinvestment, the dollar amount paid or, if acquired in a manner other than by purchase, the fair market value at the time of acquisition; and If an interest was transferred during the reporting period, the percentage of interest transferred and the amount of consideration received for the interest; For an interest in a noncorporate business entity doing business with the State: If the interest is jointly held with other persons, the percentage interest held by each owner; The value of the interest held by the individual; If the interest was acquired during the reporting period, the consideration paid or the fair market value if acquired other than by purchase; and If an interest was transferred during the reporting period, the percentage of interest transferred and the amount of consideration received for the interest; and For a debt owed to an entity doing business with the State: The interest rate; The amount of the debt at the end of the reporting period; and The amount by which the debt increased or decreased during the reporting period. General Provisions Article, §§5-206 and 5-208 and Title 5, Subtitle 6, Annotated Code of Maryland Effective date: Regulations .01—.03 amended as an emergency provision effective February 24, 1983 (10:8 Md. R. 720); adopted permanently effective June 24, 1983 (10:10 Md. R. 874) Regulation .01C amended effective April 13, 1992 (19:7 Md. R. 746) Regulation .03A amended effective April 13, 1992 (19:7 Md. R. 746) Regulation .04 adopted effective April 13, 1992 (19:7 Md. R. 746) Chapter revised effective October 15, 2012 (39:20 Md. R. 1309) Regulation .01B amended February 7, 2022 (49:3 Md. R. 138) Regulation .03 amended effective May 25, 2015 (42:10 Md. R. 685); February 16, 2026 (53:3 Md. R. 123) Regulation .04A amended effective May 25, 2015 (42:10 Md. R. 685) Regulation .04B amended effective May 25, 2015 (42:10 Md. R. 685); February 7, 2022 (49:3 Md. R. 138); February 16, 2026 (53:3 Md. R. 123) Faculty members at State institutions of higher education who are, in their capacity as faculty members, public officials under COMAR 19A.01.01.02W and who are not also public officials due to their employment in another State position which comes under the definition of public official, are not public officials required to file financial disclosure unless they meet one or both of the criteria set forth in §§B and C of this regulation. Direct Procurement. Faculty member's official responsibilities include the direct procurement of goods, services, real estate or other items, other than routine supplies and routine classroom or laboratory materials which are not reasonably expected to have an annual dollar volume in excess of $2,000. For the purposes of §B(1) of this regulation, “direct procurement” includes but is not limited to placing an order with a vendor, approval of bills or invoices, signing of sales agreements, or selection of vendors. Direct Influence. Faculty member's position, due to its responsibilities, nature, expertise or placement in the institution, involves some continuing likelihood (based on position description or actual past activities carried out in the position) of directly influencing or otherwise directly affecting the formation or execution of one or more State contracts, purchases or sales reasonably expected to have an annual dollar volume in excess of $10,000. For the purposes of §C(1) of this regulation, “directly influencing or otherwise directly affecting” the formation or execution of a contract shall be deemed to include: Recommending a vendor; Providing the required signature, approval or other sign-off of a document relating to specifications, a purchase or a payment; Being involved in communications or conferences with potential contractors in an attempt to arrange the terms of a purchase, lease, or contract; Preparing specifications, being a principal advisor regarding specifications, or approving specifications which form the basis for part or all of a contract; Determining or being a principal advisor in determining terms acceptable to the State. As used in §C(1), of this regulation, “directly influencing or otherwise directly affecting” the formation or execution of a contract does not include the generic identification of the need for an item without any further activity to directly influence or otherwise directly affect the transaction. General Provisions Article, §5-103, Annotated Code of Maryland Effective date: September 13, 1982 (9:18 Md. R. 1801) This chapter applies to an official or a candidate to be a State official who is required to file a financial disclosure statement under General Provisions Article, §§5-601(a) and (e), 5-603, 5-604, or 5-605, Annotated Code of Maryland. Scope. Except as provided in §B(2) of this regulation, this chapter does not apply to an individual who: Is a public official solely because of the individual’s service on a State board, commission, or task force; or Is required to file a financial disclosure statement under COMAR 19A.03.01. This chapter applies to: A member of the Parole Commission A member of the Maryland-National Capital Park and Planning Commission; A member of the Washington Suburban Sanitary Commission; A member of the Washington Suburban Transit Commission; A member of the Public Service Commission; A member of the Workers’ Compensation Commission; A member of the Maryland Lottery and Gaming Control Commission; A member of the Maryland Automobile Insurance Fund; and A public official who is a member of a board or commission and who receives annual compensation that is equal to or exceeds 25 percent of the lowest annual compensation at State grade level 16. An individual shall file the financial disclosure statement required by General Provisions Article, Title 5, Subtitle 6, Annotated Code of Maryland, on a form or the electronic filing system provided by the Commission. An individual who files a financial disclosure statement using the electronic filing system of the Commission may disclose the following information in the ranges specified in the electronic filing system: For a real property interest: If the interest is held jointly with other persons, the percentage of interest held by each owner; The consideration paid when the interest was acquired, the fair market value if acquired other than by purchase, or the annual rent if the individual rents the property; and If any portion of the interest was transferred in the reporting period, the percentage of interest that was transferred and the amount of consideration received for the interest; For an interest in a corporation: The number of shares held or the value of the shares; If the interest is held jointly with other persons, the percentage of interest held by each owner; If an interest was acquired during the reporting period in a manner other than by dividend or dividend reinvestment or over $500 was acquired by dividend or dividend reinvestment, the dollar amount paid or, if acquired in a manner other than by purchase, the fair market value at the time of acquisition; and If an interest was transferred during the reporting period, the percentage of interest transferred and the amount of consideration received for the interest; For an interest in a noncorporate business entity doing business with the State: If the interest is jointly held with other persons, the percentage of interest held by each owner; The value of the interest held by the individual; If the interest was acquired during the reporting period, the consideration paid or the fair market value if acquired other than by purchase; and If an interest was transferred during the reporting period, the percentage of interest transferred and the amount of consideration received for the interest; and For a debt owed to an entity doing business with the State: The interest rate; The amount of the debt at the end of the reporting period; and The amount by which the debt increased or decreased during the reporting period. General Provisions Article, §§5-101, 5-206, 5-601, and 5-602, Annotated Code of Maryland Effective date: August 8, 2011 (38:16 Md. R. 946) Regulation .01A amended effective May 25, 2015 (42:10 Md. R. 685) Regulation .01B amended effective October 15, 2012 (39:20 Md. R. 1309); February 7, 2022 (49:3 Md. R. 138) Effective date: May 25, 2015 (42:10 Md. R. 685) Regulations .01—.04 repealed effective November 23, 2017 (44:23 Md. R. 1079)