Chapter 03. Review Procedures
Regulation .01 Certification and Submission to the Commission.LinkCopy Citation
A.
On or before October 1 of each year, the local ethics commission or other appropriate entity of a county or municipality shall certify to the Commission on the form provided by the Commission that the county or municipality is in compliance with COMAR 19A.04.01.03 and General Provisions Article, §5-807, Annotated Code of Maryland.
B.
In addition to the annual certification required by §A of this regulation, a county or municipality shall submit promptly a copy of any new local law or amendments or additions to a local law to the Commission for the Commission's review and approval.
Regulation .02 Commission Review of Local Laws.LinkCopy Citation
A.
A county or municipality may submit proposed ethics provisions and amendments to the Commission for review and comment prior to final enactment.
B.
The Commission shall review all finally enacted laws submitted to the Commission and shall determine if the local law meets the requirements of this subtitle and General Provisions Article, Title 5, Subtitle 8, Annotated Code of Maryland.
C.
In determining whether a local law meets the statutory requirements for elected local officials and for being similar to the Public Ethics Law, the Commission shall apply the criteria of COMAR 19A.04.02 and General Provisions Article, Title 5, Subtitle 8, Annotated Code of Maryland.
D.
If the Commission determines that a local law does not meet the requirements of this subtitle and General Provisions Article, Title 5, Subtitle 8, Annotated Code of Maryland, the Commission shall notify the county or municipality of the determination and Commission staff shall assist the local entity in developing local provisions that comply with these requirements.
Regulation .03 Exemptions and Modifications.LinkCopy Citation
A.
Exemption and Modification Requests.
(1)
Request for a Modification or Exemption.
(a)
A county may request a modification of the requirements of COMAR 19A.04.02 when appropriate based on clearly demonstrable local circumstances.
(b)
A municipality may request a modification of or an exemption from the requirements of COMAR 19A.04.02 when appropriate based on clearly demonstrable local circumstances.
(2)
Commission Review of Exemption and Modification Requests.
(a)
The Commission may grant exemptions from and modifications to the requirements of COMAR 19A.04.02 as provided in this regulation.
(b)
The Commission may not grant a county:
(i)
An exemption from the requirement that a county adopt a local law; or
(ii)
A modification to the requirements of COMAR 19A.04.02 for elected local officials.
(c)
When demonstrable local circumstances justify departure from the basic elements of the Public Ethics Law, the Commission may grant a county or a municipality a modification to the requirements of COMAR 19A.04.02.
(d)
Commission Review of Municipality Exemption Requests.
(i)
The Commission may grant a municipality an exemption from the requirements of COMAR 19A.04.02 if because of the size of the municipality the application of all or any portion of COMAR 19A.04.02 and the Public Ethics Law would constitute an unreasonable invasion of privacy, would significantly reduce the availability of qualified persons for public service, and is not necessary to preserve the purposes of the Public Ethics Law.
(ii)
In considering whether the size of a municipality justifies an exemption or modification, the Commission shall consider the population of the municipality and other factors relating to size, including the number of public employees, the type and number of government functions performed by the municipality, and the size of the municipal budget.
B.
Exemptions and Modifications — Duration and Review Procedures.
(1)
Any exemption or modification granted to a county or municipality shall remain in effect until:
(a)
The Commission determines that the original determination was in error; or
(b)
The county or municipality has substantially changed since the exemption or modification was granted.
(2)
A county or municipality may request a change in its exemption status at any time by submitting a written request to the Commission.
(3)
The Commission may review the status of all municipal exemptions and modifications at the end of each alternating decennial census to determine if any municipal exemption or modification will be reconsidered based on the information available at that time.
(4)
If the Commission preliminarily determines that an existing exemption or modification should be reviewed or reconsidered, the Commission shall notify the county or municipality at least 60 days before Commission review or reconsideration.
(5)
A county or municipality may:
(a)
Present information or views regarding an exemption or modification to the Commission in writing; and
(b)
Appear before the Commission at the request of the county or municipality or at the request of the Commission.
(6)
Members of the public may present views or information in writing.
(7)
The Commission shall:
(a)
Make decisions regarding exemptions and modification in open public meetings; and
(b)
Advise counties and municipalities of decisions regarding exemptions and modifications in writing.
Regulation .04 Enforcement.LinkCopy Citation
A.
The Commission and its staff shall make reasonable efforts to assist counties and municipalities in developing local laws that reflect the intent of the Public Ethics Law and take account of local circumstances and needs in avoiding conflicts of interest within that jurisdiction.
B.
Nonconformance Remedies.
(1)
If the Commission determines that a county or municipality has not complied with and has not made good faith efforts toward compliance with the requirements of the Public Ethics Law, the Commission may issue a public notice:
(a)
Concerning the failure of compliance by the local jurisdiction; and
(b)
Listing the specific areas of noncompliance in the proposed or enacted local ethics law.
(2)
If the Commission determines that a county or municipality has not complied with the requirements of the Public Ethics Law, the Commission may seek appropriate relief in a court exercising equity jurisdiction in the county or city having proper venue for the purposes of requiring compliance with the Public Ethics Law.
(3)
A court may grant any available equitable relief, including imposition of a model law developed by the Commission on the local jurisdiction.
Chapter annotations
Authority: General Provisions Article, §§5-206 and 5-209, and Title 5, Subtitle 8, Annotated Code of Maryland
History: Effective date: September 14, 1981 (8:18 Md. R. 1481)
History: Appendixes A and B amended effective March 29, 1982 (9:6 Md. R. 615)
History: Regulation .01 amended effective January 20, 1992 (19:1 Md. R. 34)
History: Regulation .02A and E amended effective January 20, 1992 (19:1 Md. R. 34)
History: Regulation .03 amended effective January 20, 1992 (19:1 Md. R. 34)
History: Regulation .04B amended effective January 20, 1992 (19:1 Md. R. 34)
History: Regulations .01—.04 repealed and new Regulations .01—.04 adopted effective April 18, 2011 (38:8 Md. R. 508)
History: Regulation .01A amended effective January 16, 2017 (44:1 Md. R. 12)
History: Regulation .03B amended effective February 16, 2026 (53:3 Md. R. 123)
History: Regulation .04 amended effective May 25, 2015 (42:10 Md. R. 685)
History: Appendixes A and B amended effective February 16, 2026 (53:3 Md. R. 123)