Chapter 03. Review Procedures
Regulation .01 Certification and Submission to the Commission.LinkCopy Citation
A.
On or before October 1 of each year, a board of education shall certify to the Commission on the form provided by the Commission that the Board of Education is in compliance with COMAR 19A.05.01.03 and General Provisions Article, §5-816, Annotated Code of Maryland.
B.
In addition to the annual certification required by §A of this regulation, a board of education shall submit promptly a copy of any ethics regulations or amendments or additions to the Commission, for the Commission’s review and approval.
Regulation .02 Commission Review of Board of Education Regulations.LinkCopy Citation
A.
Preliminary Review by Commission.
(1)
A board of education may submit proposed new ethics regulations and amendments to the Commission for review prior to final adoption.
(2)
The Commission may provide preliminary review and comment on proposed ethics regulations and amendments to a board of education.
B.
The Commission shall review all enacted regulations and amendments and shall determine if the regulations or amendments meet the requirements of this subtitle and General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland.
C.
In determining whether a board of education’s regulations or amendments meet the statutory requirements for members of school boards and for being similar to the Public Ethics Law, the Commission shall apply the criteria of COMAR 19A.05.02 and General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland.
D.
Disapproval by Commission.
(1)
The Commission may disapprove a regulation or amendment adopted by a board of education:
(a)
Within 60 days of submission by the board to the Commission; and
(b)
Only if the Commission finds that the regulation or amendment is not in substantial compliance with this subtitle or General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland.
(2)
If the Commission determines that a board of education’s regulations or amendments do not meet the requirements of this subtitle or General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland, the Commission promptly shall notify the board of education of the determination, and Commission staff shall assist the board of education in developing regulations that comply with these requirements.
E.
If the Commission does not disapprove a regulation or amendments to a regulation as provided in §D of this regulation, the regulation or amendment is deemed to have been approved.
F.
Regulations and amendments adopted under this subtitle and General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland, become effective 60 days after submission to the Commission unless the Commission disapproves the regulations as provided in §D of this regulation.
Regulation .03 Enforcement.LinkCopy Citation
A.
The Commission and its staff shall make reasonable efforts to assist a board of education in developing ethics regulations 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 board of education 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 board of education; and
(b)
Listing the specific areas of noncompliance in the board of education’s proposed or adopted ethics regulations.
(2)
If the Commission determines that a board of education has not complied with the requirements of the Public Ethics Law, the Commission may:
(a)
Issue an order providing that officials and employees of the board of education are subject to the ethics laws of the county in which the board of education is located; and
(b)
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 model regulations developed by the Commission on the board of education.
Chapter annotations
Authority: General Provisions Article, §§5-811—5-820, Annotated Code of Maryland
History: Effective date: October 24, 1983 (10:21 Md. R. 1903)
History: Regulations .01—.03 repealed and new Regulations .01—.02 adopted effective April 18, 2011 (38:8 Md. R. 509)
History: Regulation .01 amended effective February 16, 2026 (53:3 Md. R. 123)
History: Regulation .02 amended effective May 25, 2015 (42:10 Md. R. 685)
History: Regulation .03 adopted effective May 25, 2015 (42:10 Md. R. 685)
History: Regulations .01—.03 repealed and new Regulations .01—.02 adopted effective April 18, 2011 (38:8 Md. R. 509)