<?xml version='1.0' encoding='utf-8'?>
<chapter num="03" heading="Review Procedures" title_num="19A" subtitle_num="05">
  <regulation prefix="Regulation" num=".01" heading="Certification and Submission to the Commission.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Commission Review of Board of Education Regulations.">
    <paragraph num="A.">
      <text>Preliminary Review by Commission.</text>
      <paragraph num="(1)">
        <text>A board of education may submit proposed new ethics regulations and amendments to the Commission for review prior to final adoption.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The Commission may provide preliminary review and comment on proposed ethics regulations and amendments to a board of education.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
    <paragraph num="D.">
      <text>Disapproval by Commission.</text>
      <paragraph num="(1)">
        <text>The Commission may disapprove a regulation or amendment adopted by a board of education:</text>
        <paragraph num="(a)">
          <text>Within 60 days of submission by the board to the Commission; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>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.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>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.</text>
    </paragraph>
    <paragraph num="F.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Enforcement.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Nonconformance Remedies.</text>
      <paragraph num="(1)">
        <text>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:</text>
        <paragraph num="(a)">
          <text>Concerning the failure of compliance by the board of education; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Listing the specific areas of noncompliance in the board of education’s proposed or adopted ethics regulations.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>If the Commission determines that a board of education has not complied with the requirements of the Public Ethics Law, the Commission may:</text>
        <paragraph num="(a)">
          <text>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</text>
        </paragraph>
        <paragraph num="(b)">
          <text>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.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>A court may grant any available equitable relief, including imposition of model regulations developed by the Commission on the board of education.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">General Provisions Article, §§5-811—5-820, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: October 24, 1983 (10:21 Md. R. 1903)</annotation>
    <annotation type="History" subtype="Administrative History">Regulations .01—.03 repealed and new Regulations .01—.02 adopted effective April 18, 2011 (38:8 Md. R. 509)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 16, 2026 (53:3 Md. R. 123)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .02 amended effective May 25, 2015 (42:10 Md. R. 685)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective May 25, 2015 (42:10 Md. R. 685)</annotation>
    <annotation type="History" subtype="Administrative History">Regulations .01—.03 repealed and new Regulations .01—.02 adopted effective April 18, 2011 (38:8 Md. R. 509)</annotation>
  </annotations>
</chapter>