# COMAR Title 33 — State Board of Elections

## Subtitle 20 — Disclosure by Persons Doing Public Business

### Chapter 07 — Waivers

**Authority:** Election Law Article, §§2-102(b)(4), 14-104(c)(2) and (3), and 14-109, Annotated Code of Maryland

**Administrative History:** Effective date: February 29, 2016 (43:4 Md. R. 340)

**Administrative History:** Regulation .02 repealed and new Regulation .02 adopted effective September 12, 2016 (43:18 Md. R. 1018)

#### Regulation .01 Waiver Request — Late Filing Fees.

*COMAR 33.20.07.01*

A. Availability. A person doing public business may request a waiver of the fees for the late filing of the statement of contributions or affidavit of limited applicable contributions.

B. Requirements.

  (1) A request to waive the late fees shall be made in writing and filed with the State Administrator.

  (2) The request shall include:

    (a) The name, address, and telephone number of the person doing public business;

    (b) A detailed statement of the facts underlying or circumstances surrounding why the person doing public business failed to timely file a statement of contributions; and

    (c) A history of past compliance activity regarding the filing of the statement of contributions.

C. Consideration and Determination.

  (1) With approval of the State Board, the State Administrator may waive the late filing fee for just cause.

  (2) The State Administrator may reject a waiver request without notice or hearing.

  (3) The decision of the State Administrator on the waiver request shall be in writing.

#### Regulation .02 Waiver — Initial Statement of Contributions.

*COMAR 33.20.07.02*

A. Availability. A person doing public business is not required to file an initial statement of contributions if the person doing public business has previously filed statements of contributions covering the transaction period of the initial statement of contributions for that level of government.

B. Updates. The person doing public business shall update the registration statement with any new contracts within 30 business days of the date of the award for that contract.

#### Regulation .03 Waiver Request — Contract Disclosure.

*COMAR 33.20.07.03*

A. Availability. A person doing public business may request a waiver of the requirement to file contract information.

B. Requirements.

  (1) A request to waive the requirement to disclose contract information shall be made in writing and filed with the State Administrator.

  (2) The request shall include:

    (a) The name, address, and telephone number of the person doing public business;

    (b) A detailed statement of the facts underlying or circumstances surrounding why the person doing public business should not disclose contract information;

    (c) Whether the contract information is subject to any exemption under the Public Information Act;

    (d) Whether the contract with the governmental entity is with a subsidiary of the person doing public business and the percentage of ownership or control that the requestor has over the business entity with the contract; and

    (e) A statement certifying that the requestor has done public business during the reporting period.

C. Consideration and Determination.

  (1) With approval of the State Board, the State Administrator may waive the contract disclosure requirement for just cause.

  (2) The State Administrator may reject a waiver request without notice or hearing.

  (3) The decision of the State Administrator on the waiver request shall be in writing.

D. Duration. If the State Board approves the waiver request, the waiver shall be valid for 1 calendar year.
