reglab/statecodes huggingface dataset:
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part III - Required Denials for Specific Information › Section 4-339 - Alarm or Security System

(a)    Except as provided in subsection (b) of this section, a custodian shall deny inspection of the part of a public record that identifies or contains personal information about a person, including a commercial entity, that maintains an alarm or security system.
(b)    A custodian shall allow inspection by:
(1)    the person in interest;
(2)    an alarm or security system company if the company can document that it currently provides alarm or security services to the person in interest;
(3)    law enforcement personnel; and
(4)    emergency services personnel, including:
(i)    a career firefighter;
(ii)    an emergency medical services provider, as defined in § 13–516 of the Education Article;
(iii)    a rescue squad employee; and
(iv)    a volunteer firefighter, a rescue squad member, or an advanced life support unit member.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part III - Required Denials for Specific Information › Section 4-340 - Senior Citizen Activities Centers

(a)    “Senior citizen activities center” has the meaning stated in § 10–513 of the Human Services Article.
(b)    Except as provided in subsection (c) of this section, a custodian shall deny inspection of the part of a public record that contains the name, address, telephone number, or electronic mail address of any individual enrolled in or any member of a senior citizen activities center.
(c)    A custodian shall allow inspection by:
(1)    a person in interest;
(2)    law enforcement personnel; or
(3)    emergency services personnel, including:
(i)    a career firefighter;
(ii)    an emergency medical services provider, as defined in § 13–516 of the Education Article;
(iii)    a rescue squad employee; and
(iv)    a volunteer firefighter, a rescue squad member, or an advanced life support unit member.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part III - Required Denials for Specific Information › Section 4-341 - Distribution List Issued by Governmental Entity or Elected Official

(a)    In this section, “governmental entity” means a unit or an instrumentality of the State or of a political subdivision.
(b)    A custodian shall deny inspection of a distribution list and a request to be added to a distribution list that identifies a physical address, an e–mail address, or a telephone number of an individual that is used by a governmental entity or an elected official for the sole purpose of:
(1)    periodically sending news about the official activities of the governmental entity or elected official; or
(2)    sending informational notices or emergency alerts.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-343 - In General

Unless otherwise provided by law, if a custodian believes that inspection of a part of a public record by the applicant would be contrary to the public interest, the custodian may deny inspection by the applicant of that part of the record, as provided in this part.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-344 - Interagency or Intra-Agency Letters or Memoranda

A custodian may deny inspection of any part of an interagency or intra–agency letter or memorandum that would not be available by law to a private party in litigation with the unit.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-345 - Examination Information

(a)    Subject to subsection (b) of this section, a custodian may deny inspection of test questions, scoring keys, and other examination information that relates to the administration of licenses, employment, or academic matters.
(b)    After a written promotional examination has been given and graded, a custodian shall allow a person in interest to inspect the examination and the results of the examination, but may not allow the person in interest to copy or otherwise to reproduce the examination.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-346 - State or Local Research Project

(a)    Subject to subsection (b) of this section, a custodian may deny inspection of a public record that contains the specific details of a research project that an institution of the State or of a political subdivision is conducting.
(b)    A custodian may not deny inspection of the part of a public record that gives only the name, title, and expenditures of a research project described in subsection (a) of this section and the date when the final project summary of the research project will be available.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-347 - Inventions Owned by State Public Institution of Higher Education

(a)    Subject to subsection (b) of this section, a custodian may deny inspection of the part of a public record that contains information disclosing or relating to an invention owned in whole or in part by a State public institution of higher education for 4 years to allow the institution to evaluate whether to patent or market the invention and pursue economic development and licensing opportunities related to the invention.
(b)    A custodian may not deny inspection of a part of a public record described in subsection (a) of this section if:
(1)    the information disclosing or relating to an invention has been published or disseminated by the inventors in the course of their academic activities or disclosed in a published patent;
(2)    the invention referred to in that part of the record has been licensed by the institution for at least 4 years; or
(3)    4 years have elapsed from the date of the written disclosure of the invention to the institution.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-348 - Confidential Information Owned by Specific State Entities

A custodian may deny inspection of the part of a public record that contains information disclosing or relating to a trade secret, confidential commercial information, or confidential financial information owned in whole or in part by:
(1)    the Maryland Technology Development Corporation; or
(2)    a public institution of higher education, if the information is part of the institution’s activities under § 15–107 of the Education Article.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-349 - Real Estate Appraisals

(a)    Subject to subsection (b) of this section and other law, until the State or a political subdivision acquires title to property, a custodian may deny inspection of a public record that contains a real estate appraisal of the property.
(b)    A custodian may not deny inspection by the owner of the property.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-350 - Site-Specific Locations of Certain Plants, Animals, or Property

(a)    A custodian may deny inspection of a public record that contains information concerning the site–specific location of an endangered or threatened species of plant or animal, a species of plant or animal in need of conservation, a cave, or a historic property as defined in § 5A–301 of the State Finance and Procurement Article.
(b)    A custodian may not deny inspection of a public record described in subsection (a) of this section if requested by:
(1)    the owner of the land on which the resource is located; or
(2)    any entity that is authorized to take the land through the right of eminent domain.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-351 - Investigation; Intelligence Information; Security Procedures

(a)    Subject to subsections (b), (c), and (d) of this section, a custodian may deny inspection of:
(1)    records of investigations conducted by the Attorney General, a State’s Attorney, a municipal or county attorney, a police department, or a sheriff;
(2)    an investigatory file compiled for any other law enforcement, judicial, correctional, or prosecution purpose;
(3)    records that contain intelligence information or security procedures of the Attorney General, a State’s Attorney, a municipal or county attorney, a police department, a State or local correctional facility, or a sheriff; or
(4)    records, other than a record of a technical infraction, relating to an administrative or criminal investigation of misconduct by a police officer, including an internal affairs investigatory record, a hearing record, and records relating to a disciplinary decision.
(b)    A custodian may deny inspection by a person in interest only to the extent that the inspection would:
(1)    interfere with a valid and proper law enforcement proceeding;
(2)    deprive another person of a right to a fair trial or an impartial adjudication;
(3)    constitute an unwarranted invasion of personal privacy;
(4)    disclose the identity of a confidential source;
(5)    disclose an investigative technique or procedure;
(6)    prejudice an investigation; or
(7)    endanger the life or physical safety of an individual.
(c)    A custodian shall allow inspection of a record described in subsection (a)(4) of this section by:
(1)    the United States Attorney;
(2)    the Attorney General;
(3)    the State Prosecutor; or
(4)    the State’s Attorney for the jurisdiction relevant to the record.
(d)    Except as provided in subsection (c) of this section, a custodian:
(1)    shall redact the portions of a record described in subsection (a)(4) of this section to the extent that the record reflects:
(i)    medical information of the person in interest;
(ii)    personal contact information of the person in interest or a witness; or
(iii)    information relating to the family of the person in interest; and
(2)    may redact the portion of a record described in subsection (a)(4) of this section to the extent that the record reflects witness information other than personal contact information.
(e)    A custodian shall notify the person in interest of a record described in subsection (a)(4) of this section when the record is inspected, but may not disclose the identity of the requestor to the person in interest.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-352 - Information Related to Emergency Management

(a)    Subject to subsections (b) and (c) of this section, a custodian may deny inspection of:
(1)    response procedures or plans prepared to prevent or respond to emergency situations, the disclosure of which would reveal vulnerability assessments, specific tactics, specific emergency procedures, or specific security procedures;
(2)    (i)    building plans, blueprints, schematic drawings, diagrams, operational manuals, or any other records of ports and airports and any other mass transit facilities, bridges, tunnels, emergency response facilities or structures, buildings where hazardous materials are stored, arenas, stadiums, waste and water systems, and any other building, structure, or facility, the disclosure of which would reveal the building’s, structure’s, or facility’s internal layout, specific location, life, safety, and support systems, structural elements, surveillance techniques, alarm or security systems or technologies, operational and transportation plans or protocols, or personnel deployments; or
(ii)    records of any other building, structure, or facility, the disclosure of which would reveal the building’s, structure’s, or facility’s life, safety, and support systems, surveillance techniques, alarm or security systems or technologies, operational and evacuation plans or protocols, or personnel deployments; or
(3)    records that:
(i)    are prepared to prevent or respond to emergency situations; and
(ii)    identify or describe the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or laboratories.
(b)    The custodian may deny inspection of a part of a public record under subsection (a) of this section only to the extent that the inspection would:
(1)    jeopardize the security of any building, structure, or facility;
(2)    facilitate the planning of a terrorist attack; or
(3)    endanger the life or physical safety of an individual.
(c)    (1)    This subsection does not apply to the records of any building, structure, or facility owned or operated by the State or any political subdivision.
(2)    A custodian may not deny inspection of a public record under subsection (a) or (b) of this section that relates to a building, structure, or facility that has been subjected to a catastrophic event, including a fire, an explosion, or a natural disaster.
(3)    Subject to subsections (a) and (b) of this section, a custodian may not deny inspection of a public record that relates to an inspection of or issuance of a citation concerning a building, structure, or facility by an agency of the State or any political subdivision.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-353 - Maryland Port Administration Information

(a)    A custodian may deny inspection of any part of a public record that contains:
(1)    stevedoring or terminal services or facility use rates or proposed rates generated, received, or negotiated by the Maryland Port Administration or any private operating company created by the Maryland Port Administration;
(2)    a proposal generated, received, or negotiated by the Maryland Port Administration or any private operating company created by the Maryland Port Administration for use of stevedoring or terminal services or facilities to increase waterborne commerce through the ports of the State; or
(3)    except as provided in subsection (b) of this section, research or analysis related to maritime businesses or vessels compiled for the Maryland Port Administration or any private operating company created by the Maryland Port Administration to evaluate its competitive position with respect to other ports.
(b)    (1)    A custodian may not deny inspection of any part of a public record under subsection (a)(3) of this section by the exclusive representative identified in Section 1 of the memorandum of understanding, or any identical section of a successor memorandum, between the State and the American Federation of State, County and Municipal Employees dated June 28, 2000, or the memorandum of understanding, or any identical section of a successor memorandum, between the State and the Maryland Professional Employees Council dated August 18, 2000, if the part of the public record:
(i)    is related to State employees; and
(ii)    would otherwise be available to the exclusive representative under Article 4, Section 12 of the applicable memorandum of understanding, or any identical section of a successor memorandum of understanding.
(2)    Before the inspection of any part of a public record under paragraph (1) of this subsection, the exclusive representative shall enter into a nondisclosure agreement with the Maryland Port Administration to ensure the confidentiality of the information provided.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-354 - University of Maryland Global Campus Records

(a)    A custodian may deny inspection of any part of a public record that:
(1)    relates to the competitive position of the University of Maryland Global Campus with respect to other providers of education services; and
(2)    contains:
(i)    fees, tuition, charges, and any information supporting fees, tuition, and charges, proposed, generated, received, or negotiated for receipt by the University of Maryland Global Campus, except fees, tuition, and charges published in catalogues and ordinarily charged to students;
(ii)    a proposal generated, received, or negotiated by the University of Maryland Global Campus, other than with its students, for the provision of education services; or
(iii)    any research, analysis, or plans compiled by or for the University of Maryland Global Campus relating to its operations or proposed operations.
(b)    A custodian may not deny inspection of any part of a public record under subsection (a) of this section if:
(1)    the record relates to a procurement by the University of Maryland Global Campus;
(2)    the University of Maryland Global Campus is required to develop or maintain the record by law or at the direction of the Board of Regents of the University System of Maryland; or
(3)    (i)    the record is requested by the exclusive representative of any bargaining unit of employees of the University of Maryland Global Campus;
(ii)    the record relates to a matter that is the subject of collective bargaining negotiations between the exclusive representative and the University of Maryland Global Campus; and
(iii)    the exclusive representative has entered into a nondisclosure agreement with the University of Maryland Global Campus to ensure the confidentiality of the information provided.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-355 - Public Institution of Higher Education Records

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Directory information” has the meaning stated in 20 U.S.C. § 1232g.
(3)    “Personal information” means:
(i)    an address;
(ii)    a telephone number;
(iii)    an e–mail address; or
(iv)    directory information.
(b)    A custodian of a record kept by a public institution of higher education that contains personal information relating to a student, a former student, or an applicant may:
(1)    require that a request to inspect a record containing personal information be made in writing and sent by first–class mail; and
(2)    deny inspection of the part of the record containing the personal information if the information is requested for commercial purposes.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part IV - Denial of Part of Public Record › Section 4-356 - Inspection of 9-1-1 Communications Record That Depicts Victim

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Victim” means:
(i)    a victim of domestic violence, as defined under § 4–701 of the Family Law Article;
(ii)    a victim of a violation of Title 3, Subtitle 3 of the Criminal Law Article; or
(iii)    a victim of a violation of Title 3, Subtitle 6 of the Criminal Law Article, except for a violation of § 3–607 of the Criminal Law Article where the victim is an adult.
(3)    (i)    “Victim’s representative” has the meaning stated in § 11–104 of the Criminal Procedure Article.
(ii)    “Victim’s representative” does not include a person acting in concert with a person alleged to have committed the crime against the victim.
(b)    (1)    This section does not apply to a public record that has been entered into evidence in a court proceeding.
(2)    This section may not be construed to:
(i)    create a right of civil action for a victim or victim’s representative; or
(ii)    affect the discovery or evidentiary rights of a party to a civil suit or criminal prosecution.
(c)    Subject to subsections (d) and (e) of this section, before granting inspection of the part of a 9–1–1 communications record that depicts a victim, a custodian shall:
(1)    within 30 days after receiving the request and if the custodian has contact information for the victim or victim’s representative, notify the victim or victim’s representative of the request;
(2)    allow 10 days for a response from the victim or victim’s representative indicating that inspection may be contrary to the public interest; and
(3)    consider any response received under item (2) of this subsection in determining whether to grant or deny the inspection.
(d)    A custodian may redact the information described under subsection (c) of this section if a failure to do so would result in a constructive denial of the entire public record.
(e)    A custodian shall allow inspection by the person in interest.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 3 - Denials of Inspection › Part V - Temporary Denials › Section 4-358 - Temporary Denials

(a)    Whenever this title authorizes inspection of a public record but the official custodian believes that inspection would cause substantial injury to the public interest, the official custodian may deny inspection temporarily.
(b)    (1)    Within 10 working days after the denial, the official custodian shall petition a court to order authorization for the continued denial of inspection.
(2)    The petition shall be filed with the circuit court for the county where:
(i)    the public record is located; or
(ii)    the principal place of business of the official custodian is located.
(3)    The petition shall be served on the applicant, as provided in the Maryland Rules.
(c)    The applicant is entitled to appear and to be heard on the petition.
(d)    If, after the hearing, the court finds that inspection of the public record would cause substantial injury to the public interest, the court may issue an appropriate order authorizing the continued denial of inspection.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 4 - Liability; Prohibited Acts; Penalties; Immunity › Section 4-401 - Unlawful Disclosure of Public Records

(a)    A person, including an officer or employee of a governmental unit, is liable to an individual for actual damages that the court considers appropriate if the court finds by clear and convincing evidence that:
(1)    (i)    the person willfully and knowingly allows inspection or use of a public record in violation of this subtitle; and
(ii)    the public record names or, with reasonable certainty, otherwise identifies the individual by an identifying factor such as:
1.    an address;
2.    a description;
3.    a fingerprint or voice print;
4.    a number; or
5.    a picture; or
(2)    the person willfully and knowingly obtains, discloses, or uses personal information in violation of § 4–320 of this title.
(b)    If the court determines that the complainant has substantially prevailed, the court may assess against a defendant reasonable counsel fees and other litigation costs that the complainant reasonably incurred.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 4 - Liability; Prohibited Acts; Penalties; Immunity › Section 4-402 - Prohibited Acts; Criminal Penalties

(a)    A person may not:
(1)    willfully or knowingly violate any provision of this title;
(2)    fail to petition a court after temporarily denying inspection of a public record; or
(3)    by false pretenses, bribery, or theft, gain access to or obtain a copy of a personal record if disclosure of the personal record to the person is prohibited by this title.
(b)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 4 - Liability; Prohibited Acts; Penalties; Immunity › Section 4-403 - Immunity for Certain Disclosures

A custodian is not civilly or criminally liable for transferring or disclosing the contents of a public record to the Attorney General under § 5–313 of the State Personnel and Pensions Article.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 5 - Miscellaneous Provisions › Section 4-502 - Corrections of Public Record

(a)    A person in interest may request a unit of the State to correct inaccurate or incomplete information in a public record that:
(1)    the unit keeps; and
(2)    the person in interest is authorized to inspect.
(b)    A request under this section shall:
(1)    be in writing;
(2)    describe the requested change precisely; and
(3)    state the reasons for the change.
(c)    (1)    Within 30 days after receiving a request under this section, a unit shall:
(i)    make or refuse to make the requested change; and
(ii)    give the person in interest written notice of the action taken.
(2)    A notice of refusal shall contain the unit’s reasons for the refusal.
(d)    (1)    If the unit finally refuses a request under this section, the person in interest may submit to the unit a concise statement that, in five pages or less, states the reasons for the request and for disagreement with the refusal.
(2)    If the unit provides the disputed information to a third party, the unit shall provide to that party a copy of the statement submitted to the unit by the person in interest.
(e)    If a unit is subject to Title 10, Subtitle 2 of the State Government Article, a person or governmental unit may seek administrative and judicial review in accordance with that subtitle of:
(1)    a decision of the unit to deny:
(i)    a request to change a public record; or
(ii)    a right to submit a statement of disagreement; or
(2)    the failure of the unit to provide the statement to a third party.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 5 - Miscellaneous Provisions › Section 4-503 - List of Contact Information for Governmental Unit Representatives

(a)    Each governmental unit that maintains public records shall:
(1)    identify a representative who a member of the public should contact to request a public record from the governmental unit;
(2)    maintain contact information for the governmental unit’s representative that includes:
(i)    the representative’s name;
(ii)    the representative’s business address;
(iii)    the representative’s business phone number;
(iv)    the representative’s business electronic mail address; and
(v)    the Internet address of the governmental unit;
(3)    (i)    post the contact information maintained under item (2) of this subsection in a user–friendly format on the website of the governmental unit; or
(ii)    if the governmental unit does not have a website, keep the contact information maintained under item (2) of this subsection at a place easily accessible by the public;
(4)    annually update the contact information maintained under item (2) of this subsection; and
(5)    annually submit the contact information maintained under item (2) of this subsection to the Office of the Attorney General.
(b)    The Office of the Attorney General shall:
(1)    post the contact information submitted under subsection (a)(5) of this section in a user–friendly format on the website of the Office of the Attorney General; and
(2)    include the contact information submitted under subsection (a)(5) of this section in any Public Information Act manual published by the Office of the Attorney General.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 1 - Definitions; General Provisions › Section 5-102 - Legislative Findings; Policy; Liberal Construction

(a)    (1)    The General Assembly of Maryland, recognizing that our system of representative government is dependent on maintaining the highest trust by the people in their government officials and employees, finds and declares that the people have a right to be assured that the impartiality and independent judgment of those officials and employees will be maintained.
(2)    It is evident that the people’s confidence and trust are eroded when the conduct of the State’s business is subject to improper influence or even the appearance of improper influence.
(b)    For the purpose of guarding against improper influence, the General Assembly enacts this Maryland Public Ethics Law to require certain government officials and employees to disclose their financial affairs and to set minimum ethical standards for the conduct of State and local business.
(c)    The General Assembly intends that this title, except its provisions for criminal sanctions, be construed liberally to accomplish this purpose.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 1 - Definitions; General Provisions › Section 5-104 - Administration of Title

(a)    Except as provided in subsections (b) and (c) of this section and in  § 5–871 of this title, this title shall be administered and implemented by the Ethics Commission.
(b)    The Joint Ethics Committee, acting as an advisory body, shall administer and implement Subtitle 5 of this title as it applies to members of the General Assembly.
(c)    The Commission on Judicial Disabilities, the Judicial Ethics Committee, or another body designated by the Court of Appeals, acting as an advisory body, shall administer and implement Subtitles 5 and 6 of this title as those subtitles apply to State officials of the Judicial Branch.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 1 - Definitions; General Provisions › Section 5-105 - Other Laws

(a)    If another provision of law relating to conflicts of interest, financial disclosure, or lobbying is more stringent than this title, the other provision shall apply.
(b)    Title 3, Subtitle 1 of the Public Safety Article does not apply to activities carried out by the Ethics Commission under this title.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 2 - State Ethics Commission › Section 5-202 - Membership

(a)    (1)    The Ethics Commission consists of five members.
(2)    The Governor shall appoint:
(i)    with the advice and consent of the Senate, three members, at least one of whom shall be a member of the principal political party of which the Governor is not a member;
(ii)    one member nominated by the President of the Senate; and
(iii)    one member nominated by the Speaker of the House.
(3)    The Governor may reject a nominee of the President or of the Speaker only for cause.
(4)    If the Governor rejects a nominee under paragraph (3) of this subsection, the appropriate presiding officer shall nominate another individual.
(5)    A vacancy shall be filled in a manner consistent with this subsection.
(b)    A member of the Ethics Commission may not:
(1)    hold elected or appointed office in, be an employee of, or be a candidate for office in:
(i)    the federal government;
(ii)    the State government;
(iii)    a municipal corporation, county, or multicounty agency of the State; or
(iv)    a political party; or
(2)    be a regulated lobbyist.
(c)    Before taking office, each appointee to the Ethics Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.
(d)    (1)    The term of a member is 5 years.
(2)    The terms of members are staggered as required by the terms in effect for members of the Ethics Commission on October 1, 2013.
(3)    A member may serve no more than two consecutive 5–year terms.
(4)    A member who is appointed after a term has begun serves for the rest of the term.
(5)    At the end of a term, a member may continue to serve until a successor is appointed and qualifies.
(e)    (1)    The Governor may remove a member for:
(i)    neglect of duty;
(ii)    misconduct in office;
(iii)    a disability that makes the member unable to discharge the powers and duties of office; or
(iv)    a violation of this title.
(2)    Before removing a member, the Governor shall give the member:
(i)    written notice of the charges; and
(ii)    an opportunity to answer the charges.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 2 - State Ethics Commission › Section 5-204 - Quorum; Meetings; Compensation; Staff

(a)    (1)    A majority of the authorized membership of the Ethics Commission is a quorum.
(2)    The Ethics Commission may act only on the affirmative vote of at least a majority of its authorized membership.
(b)    The Ethics Commission shall meet at the call of the chair or a majority of the members then serving.
(c)    Each member of the Ethics Commission is entitled to:
(1)    compensation in accordance with the State budget; and
(2)    reimbursement for reasonable and necessary expenses incurred in the discharge of official duties.
(d)    (1)    The Ethics Commission shall:
(i)    appoint to serve at its pleasure:
1.    an executive director;
2.    a general counsel; and
3.    a staff counsel; and
(ii)    have other staff, including such counsel as may be required to advise persons who are subject to the jurisdiction of the Ethics Commission, in accordance with the State budget.
(2)    The general counsel and the staff counsel of the Ethics Commission shall be individuals admitted to practice law in the State.
(e)    The Ethics Commission may ask the Attorney General or Comptroller for professional assistance to assist in the performance of the Commission’s functions.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 2 - State Ethics Commission › Section 5-207 - Oaths and Subpoenas

(a)    The Ethics Commission and its staff counsel each may:
(1)    administer oaths; and
(2)    issue subpoenas for the attendance of witnesses to testify or to produce other evidence.
(b)    A subpoena issued under subsection (a) of this section may be enforced judicially.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 2 - State Ethics Commission › Section 5-208 - Determination of Public Official in Executive Agency

(a)    With advice from the Secretary of Budget and Management and in accordance with § 5–103 of this title, the Ethics Commission shall determine whether an individual in an executive unit is a public official for the purposes of this title.
(b)    The Secretary of Budget and Management shall provide advice under subsection (a) of this section to the Ethics Commission:
(1)    annually; and
(2)    at any other time on request of the Ethics Commission.
(c)    On request of the Ethics Commission, the following entities shall provide to the Ethics Commission in a timely manner any information necessary for the Ethics Commission to make a determination under subsection (a) of this section:
(1)    the secretary of a principal department in the Executive Branch;
(2)    the president of a public senior higher education institution, as defined in § 10–101 of the Education Article; and
(3)    a unit of State government.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 2 - State Ethics Commission › Section 5-209 - Exemptions From Title

(a)    The Ethics Commission may exempt from this title or modify the requirements of this title for a board, a member of a board, or a municipal corporation if the Ethics Commission finds that, because of the nature of the board or the size of the municipal corporation, the application of this title to that board, member, or municipal corporation:
(1)    would be an unreasonable invasion of privacy;
(2)    would reduce significantly the availability of qualified individuals for public service; and
(3)    is not necessary to preserve the purposes of this title.
(b)    Subject to § 5–502(d) of this title, the Ethics Commission may grant an exemption to a board or member of a board only on written request of the executive unit of which the board is a part.
(c)    Notwithstanding any other provision of this title, the records of the Ethics Commission in any matter in which an exemption is granted under this title shall be available for public inspection.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 2 - State Ethics Commission › Section 5-210 - Lobbyist Registration Fund

(a)    (1)    There is a Lobbyist Registration Fund.
(2)    The Fund consists of all fees collected under Subtitle 7 of this title.
(b)    (1)    The Fund is a continuing, nonlapsing fund.
(2)    Any balance remaining in the Fund at the end of any fiscal year shall revert to the General Fund of the State.
(c)    (1)    (i)    The State Treasurer shall hold the Fund separately.
(ii)    The Comptroller shall account for the Fund.
(2)    The Fund shall be invested and reinvested in the same manner as other State funds.
(3)    Expenditures from the Fund shall be made in accordance with an appropriation approved by the General Assembly in the annual budget.
(d)    The Fund shall be used to defray the expenses of administering Subtitle 7 of this title.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 3 - Advisory Opinions › Section 5-301 - Request for Advisory Opinion; Informal Advice

(a)    (1)    Subject to subsection (b) of this section, on written request of an entity subject to this title, the appropriate advisory body shall issue an advisory opinion regarding the application of this title.
(2)    On written request of any other entity, the appropriate advisory body may issue an advisory opinion.
(b)    (1)    The appropriate advisory body may issue informal advice instead of an advisory opinion.
(2)    Except as provided in § 5–502(f) of this title, information related to informal advice provided under this subsection shall remain confidential and is not subject to the requirements of § 5–303 of this subtitle.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 3 - Advisory Opinions › Section 5-303 - Publication

(a)    Each advisory opinion shall be:
(1)    in writing; and
(2)    published in the Maryland Register, subject to subsection (b) of this section.
(b)    (1)    Except as provided in § 5–502(f) of this title, before an advisory opinion may be made public, the advisory body shall delete:
(i)    the name of the entity that is the subject of the opinion; and
(ii)    to the fullest extent possible, any other information that may identify the entity.
(2)    The identity of the entity that is the subject of the opinion may not be revealed.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 3 - Advisory Opinions › Section 5-304 - Further Opinion by Joint Ethics Committee

(a)    If the Ethics Commission issues an advisory opinion about a State official of the Legislative Branch as to a question arising under Subtitle 6 of this title, and if requested by the State official, the Joint Ethics Committee shall issue an advisory opinion on the matter in accordance with this subtitle.
(b)    The opinion of the Joint Ethics Committee prevails to the extent of any inconsistency.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 4 - Procedures for Complaint of Violation of Title › Section 5-401 - Complaints -- Filing; Requirements

(a)    (1)    Any entity may file with the Ethics Commission a written complaint alleging a violation of this title.
(2)    A complaint filed under this subsection shall be:
(i)    signed; and
(ii)    made under oath.
(b)    The Ethics Commission on its own motion may issue a complaint alleging a violation of this title.
(c)    The Ethics Commission shall promptly transmit a copy of the complaint to the respondent.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 4 - Procedures for Complaint of Violation of Title › Section 5-402 - Complaints -- Referral

(a)    For further action after the filing of a complaint, the Ethics Commission promptly shall refer the complaint to:
(1)    the Commission on Judicial Disabilities, if the complaint concerns a judge of a court established under Article IV, § 1 of the Maryland Constitution;
(2)    the Joint Ethics Committee, if the complaint concerns:
(i)    a State official of the Legislative Branch; and
(ii)    a violation of Subtitle 5 of this title; or
(3)    the staff counsel, if the complaint concerns any other entity.
(b)    On request of the Commission on Judicial Disabilities or the Joint Ethics Committee, the Ethics Commission shall provide any information or assistance that is not prohibited by law.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 4 - Procedures for Complaint of Violation of Title › Section 5-403 - Complaints -- Retention by Ethics Commission

(a)    As to a complaint retained by the Ethics Commission under § 5–402(b) of this subtitle, the staff counsel shall collect and submit to the Ethics Commission evidence relating to each violation of this title alleged in the complaint.
(b)    (1)    Before submitting the evidence to the Ethics Commission, the staff counsel shall notify the complainant and the respondent.
(2)    The Ethics Commission shall dismiss the complaint in a signed order if:
(i)    the respondent, within 15 days after receiving the notice, takes any action that may be available to cure each alleged violation; and
(ii)    the Ethics Commission finds that dismissal is not contrary to the purposes of this title.
(3)    If the complaint is dismissed under this subsection, the Ethics Commission promptly shall send a copy of the order to the complainant and the respondent.
(c)    If the Ethics Commission determines that the evidence submitted by the staff counsel does not merit further proceedings, the Ethics Commission shall:
(1)    dismiss the complaint in a signed order; and
(2)    promptly send a copy of the order to the complainant and the respondent.
(d)    If a complaint is not dismissed under subsection (b) or (c) of this section, the Ethics Commission shall proceed to a hearing on the complaint.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 4 - Procedures for Complaint of Violation of Title › Section 5-404 - Complaints -- Hearing

(a)    (1)    A hearing on a complaint shall be conducted under Title 10, Subtitle 2 of the State Government Article insofar as that subtitle is consistent with this title.
(2)    In preparation for the hearing, the respondent may use the subpoena power of the Ethics Commission.
(b)    At the hearing, the staff counsel:
(1)    shall present to the Ethics Commission all available evidence relating to each alleged violation of this title; and
(2)    may recommend any disposition of the complaint that appears appropriate to the staff counsel.
(c)    The respondent may be represented by counsel.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 4 - Procedures for Complaint of Violation of Title › Section 5-406 - Judicial Review

(a)    If the respondent is aggrieved by a final order of the Ethics Commission, the respondent may seek judicial review as provided in Title 10, Subtitle 2 of the State Government Article.
(b)    (1)    The order is stayed automatically until the time for seeking judicial review has expired.
(2)    (i)    The filing of a petition for judicial review does not automatically stay the enforcement of the order.
(ii)    Except as otherwise provided by law, the Ethics Commission or the reviewing court may stay the enforcement of the order, under terms the Ethics Commission considers proper.
(c)    The Ethics Commission may seek judicial enforcement and other relief as provided under Subtitle 9 of this title.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 4 - Procedures for Complaint of Violation of Title › Section 5-407 - Confidentiality

(a)    Notwithstanding any other law, and except as provided in subsections (b) and (c) of this section, after a complaint is filed:
(1)    the proceedings, meetings, and activities of the Ethics Commission and its employees relating to the complaint are confidential; and
(2)    information relating to the complaint, including the identity of the complainant and respondent, may not be disclosed by:
(i)    the Ethics Commission;
(ii)    the staff of the Ethics Commission;
(iii)    the complainant; or
(iv)    the respondent.
(b)    Except as provided in subsection (c) of this section, the restrictions in subsection (a) of this section apply unless:
(1)    the matter is referred for prosecution; or
(2)    the Ethics Commission finds a violation of this title.
(c)    (1)    The Ethics Commission may release any information if the respondent agrees in writing to the release.
(2)    On request of the respondent, the Ethics Commission shall disclose the identity of the complainant to the respondent.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 4 - Procedures for Complaint of Violation of Title › Section 5-408 - Referral to Prosecuting Authority

(a)    If the Ethics Commission, while considering a complaint, finds that there are reasonable grounds to believe that the respondent may have committed a criminal offense, the Ethics Commission promptly shall refer the matter to an appropriate prosecuting authority.
(b)    The Ethics Commission shall make available to the prosecuting authority all pertinent evidence under the Ethics Commission’s control.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 4 - Procedures for Complaint of Violation of Title › Section 5-409 - Retention of Documents by Entities Subject to Title

(a)    An entity that is required to file a report, statement, or record under this title shall obtain each account, bill, receipt, book, paper, or other document necessary to complete and substantiate the report or statement.
(b)    The entity shall retain the document for 3 years after:
(1)    the date the report, statement, or record was filed; or
(2)    if the report, statement, or record was not filed, the date the report, statement, or record was required to be filed.
(c)    On request of the Ethics Commission, and after reasonable notice, the documents shall be available for inspection by the Ethics Commission.
2023 Maryland Statutes › General Provisions › Title 5 - Maryland Public Ethics Law › Subtitle 5 - Conflicts of Interest › Part I - General Provisions › Section 5-503 - Employment Restriction -- Entities Contracting With State

(a)    This section does not apply to members of the General Assembly.
(b)    An official or employee may not be employed by an entity that is a party to a contract that binds or purports to bind the State if:
(1)    the duties of the official or employee include matters substantially relating to or affecting the subject matter of the contract; and
(2)    the contract binds or purports to bind the State to pay more than $1,000.