reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 16 - RATE STABILIZATION PROPERTY › Chapter 18.16.01 - General Provisions › Section 18.16.01.05 - Grounds for Refusal of a Record

Current through Register Vol. 51, No. 14, July 12, 2024
The filing office shall refuse to accept a record and provide an explanation for the refusal if:
A. An item on the record fails to contain a required entry by the filing party;
B. An entry on the record fails to be legible and capable of being imaged by the filing office's information management system;
C. A record purporting to add an assignor, grantor, financing party, or assignee fails to include a legible name and address of the assignor, grantor, financing party, or assignee;
D. A record fails to identify itself as a new or supplemental filing;
E. A record, when applicable, fails to indicate its purpose or fails to provide the file number of the affected rate stabilization property notice existing in the information management system of the filing office;
F. A record fails to include the information requested on the approved form as to whether the notice relates to all or a portion of the recovery permitted under a qualified rate order;
G. A record fails to include in legible form the:
(1) Qualified rate order number and case number;
(2) Name of the electric company in the order;
(3) Date that value is received for the rate stabilization bonds;
(4) Signatures and names of the assignor or grantor and assignee or financing party; or
(5) If an assignment, date of delivery of the transfer documents to the assignee; or
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 16 - RATE STABILIZATION PROPERTY › Chapter 18.16.02 - Information Management System › Section 18.16.02.01 - Indices

Current through Register Vol. 51, No. 14, July 12, 2024
A. The filing office shall maintain a unique computer index of records.
B. Each record shall be indexed by:
(1) Assignee or financing party;
(2) Assignor or grantor;
(3) File number; and
(4) Qualified rate order number.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 16 - RATE STABILIZATION PROPERTY › Chapter 18.16.02 - Information Management System › Section 18.16.02.02 - Record Availability

Current through Register Vol. 51, No. 14, July 12, 2024
A. All records shall be available on the filing office's website as imaged documents.
B. All records shall be permanently maintained.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 17 - AFFORDABLE HOUSING LAND TRUSTS › Chapter 18.17.01 - Registration › Section 18.17.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Affordable housing land trust" has the meaning stated in Real Property Article, §
										14-501(b), Annotated Code of Maryland.
(2) "Department" has the meaning stated in Real Property Article, §
										14-503(a), Annotated Code of Maryland.
(3) "Register" means to submit to the Department a completed registration form as prescribed by the Department.
(4) "Resident agent" has the meaning stated in Corporations and Associations Article, §
										1-101(s), Annotated Code of Maryland.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 17 - AFFORDABLE HOUSING LAND TRUSTS › Chapter 18.17.01 - Registration › Section 18.17.01.03 - Name Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
The name of an affordable housing land trust must:
A. Include the words "Affordable Housing Land Trust"; and
B. Comply with Corporations and Associations Article, §
									1-504, Annotated Code of Maryland, and COMAR 18.04.02.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 17 - AFFORDABLE HOUSING LAND TRUSTS › Chapter 18.17.01 - Registration › Section 18.17.01.04 - Resident Agent Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
An affordable housing land trust shall designate a resident agent and the street address of that resident agent at the time of registration.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 17 - AFFORDABLE HOUSING LAND TRUSTS › Chapter 18.17.01 - Registration › Section 18.17.01.05 - Change of Resident Agent

Current through Register Vol. 51, No. 14, July 12, 2024
An affordable housing land trust may change its resident agent by filing with the Department a statement that authorizes the change.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 17 - AFFORDABLE HOUSING LAND TRUSTS › Chapter 18.17.01 - Registration › Section 18.17.01.06 - Change of Resident Agent's Address

Current through Register Vol. 51, No. 14, July 12, 2024
The resident agent of an affordable housing land trust may change the resident agent's address by filing a statement with the Department:
A. Signed by the resident agent or on behalf of the resident agent; and
B. Including:
(1) The names of the affordable housing land trust for which the change is effective;
(2) The resident agent's old and new addresses; and
(3) The date on which the change is effective.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 17 - AFFORDABLE HOUSING LAND TRUSTS › Chapter 18.17.01 - Registration › Section 18.17.01.07 - Effective Date

Current through Register Vol. 51, No. 14, July 12, 2024
The change of resident agent or change of the resident agent's address is effective when the Department accepts the statement for record.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 17 - AFFORDABLE HOUSING LAND TRUSTS › Chapter 18.17.01 - Registration › Section 18.17.01.08 - Service of Process

Current through Register Vol. 51, No. 14, July 12, 2024
Service of process on a resident agent designated by an affordable housing land trust is as effective as if served on one of its trustees.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 17 - AFFORDABLE HOUSING LAND TRUSTS › Chapter 18.17.01 - Registration › Section 18.17.01.09 - Reporting Status

Current through Register Vol. 51, No. 14, July 12, 2024
A nonprofit organization operating an affordable housing land trust that gives up or loses its nonprofit status or ceases to exist shall promptly report this information to the Department.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 18 - HOMEOWNER PROTECTION PROGRAM › Chapter 18.18.01 - General › Section 18.18.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Affidavit" means a sworn statement in writing on a form furnished by the Department and containing an oath or affirmation set forth in Maryland Rule 1-304, Annotated Code of Maryland.
(2) "Applicant" means a person applying for enrollment in the Homeowner Protection Program as defined in Tax-Property Article, §14-883, Annotated Code of Maryland.
(3) "Combined income" has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.
(4) "Dependent" has the meaning stated in 26 U.S.C.A. §
											152, United States Annotated Code.
(5) "Dwelling" has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.
(6) "Enrollee" means an applicant enrolled in the Homeowner Protection Program.
(7) "Homeowner" has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.
(8) "Ombudsman" has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.
(9) "Program" has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.
(10) "Total outstanding tax debt" means the full amount of any property tax lien, any amount paid to the holder of a property tax sale certificate, or any other charge paid by the Department on behalf of a Program enrollee under Tax-Property Article, §14-801, Annotated Code of Maryland, including any interest as determined by the Department.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 18 - HOMEOWNER PROTECTION PROGRAM › Chapter 18.18.01 - General › Section 18.18.01.02 - Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department has established procedures to apply for the Program.
B. Application Procedures.
(1) An applicant shall report the combined income corresponding to the dwelling for which application is made.
(2) An applicant may be required to submit copies of corresponding federal income tax returns and accompanying schedules and forms, along with other proof of combined income, as requested by the Ombudsman.
(3) An applicant having a substantial ownership interest in a business or partnership shall submit a complete copy of the federal tax return filed for that business or partnership.
(4) An applicant may be requested to complete an affidavit to substantiate any information reported on the application.
(5) An applicant seeking to exclude the income of a spouse on the basis of a marital separation shall submit a legal separation agreement or, if none exists, an affidavit stating the date of separation and whether their estranged spouse is likely to return to the dwelling house.
(6) An applicant claiming a person is a dependent who does not file a federal income tax return shall submit verification of the dependency status to the Ombudsman in an affidavit.
(7) An applicant failing or refusing to submit any information requested by the Ombudsman shall be denied enrollment for failure to substantiate the information reported.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 18 - HOMEOWNER PROTECTION PROGRAM › Chapter 18.18.01 - General › Section 18.18.01.03 - Additional Eligibility Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department has established additional eligibility criteria for the Program in accordance with Tax-Property Article, §14-885(b), Annotated Code of Maryland.
B. Additional Eligibility Criteria.
(1) Enrollment From Every County. The maximum number of homeowners who may be enrolled in the Program in a given fiscal year will be proportionately divided among the 23 counties and Baltimore City based on the percentage of Statewide property tax sales occurring within each jurisdiction, as determined by the Ombudsman.
(2) Limit on Total Outstanding Tax Debt. To ensure that homeowners are enrolled in the Program who reside in each jurisdiction in a given fiscal year, the Ombudsman may set a maximum amount of total outstanding tax debt that the Department will incur on behalf of any one dwelling.
(3) Affordability Requirement. The total outstanding tax debt paid by the Department on behalf of an enrollee under Tax-Property Article, §14-887, Annotated Code of Maryland, may not exceed an amount that may reasonably be expected to be repaid by the enrollee within a three-year period. Consideration will be given to the homeowner's income, expenses other than total outstanding tax debt, and the likelihood of receiving tax credits, grants, and other benefits.
(4) Long-term homeowner enrollment preference. Applications from homeowners whose dwelling has been their principal residence for at least 10 years as of the date of application will be given enrollment preference over other applicants from the same jurisdiction.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 18 - HOMEOWNER PROTECTION PROGRAM › Chapter 18.18.01 - General › Section 18.18.01.04 - Priorities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department has established enrollment priorities for the Program in accordance with Tax-Property Article, §14-885(b), Annotated Code of Maryland.
B. Enrollment Priorities.
(1) Priority for Applicants Age 60 and Over. Applications from homeowners who are at least 60 years of age as of the date of application will be given priority enrollment over applicants from the same jurisdiction who are under 60.
(2) Priority for Applicants on Disability. Applications from homeowners who are receiving disability benefits from the federal Social Security Disability Insurance program or the federal Supplemental Security Income program as of the date of application will be given priority enrollment over applicants from the same jurisdiction who are not receiving such benefits.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 18 - HOMEOWNER PROTECTION PROGRAM › Chapter 18.18.01 - General › Section 18.18.01.05 - Maintaining Enrollment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department has established requirements to maintain enrollment in the Program.
B. Maintaining Enrollment.
(1) Regular Communication. An enrollee shall respond to communications from the Ombudsman within a reasonable time period as required by the Department. If an enrollee's contact information changes, the updated contact information must be shared seasonably with the Ombudsman.
(2) Assistance Agreement. An enrollee must follow any assistance plan created for them by the Ombudsman. The assistance plan may include an obligation to:
(a) Apply for tax credits, grants, or other public benefits as recommended by the Ombudsman;
(b) Meet with housing and financial counselors and legal service providers; and
(c) Take advantage of other assistance strategies recommended by the Ombudsman to help an enrollee pay their total outstanding tax debt and improve their financial situation.
(3) Financial Information. When requested by the Ombudsman, an enrollee shall provide detailed and complete information about their financial situation to aid in developing an appropriate assistance strategy. An enrollee shall immediately report to the Ombudsman any significant changes to their financial circumstances as they occur.
(4) Repayment Requirement. For any total outstanding tax debt paid by the Department on behalf of an enrollee under Tax-Property Article, §14-887, Annotated Code of Maryland, the enrollee shall repay the Department in monthly installments based on a plan agreed upon during the enrollment process.
Code of Maryland Regulations › Title 18 - DEPARTMENT OF ASSESSMENTS AND TAXATION › Subtitle 18 - HOMEOWNER PROTECTION PROGRAM › Chapter 18.18.01 - General › Section 18.18.01.06 - Collection Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Ombudsman may charge less interest under Tax-Property Article, §14-889, Annotated Code of Maryland, to enrollees who repay the Department using automatic electronic payments.
B. The total outstanding tax debt owed by an enrollee to the Department will be recorded in land records as a lien attached to the enrollee's dwelling until it is repaid.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.01 - General Provisions › Section 19A.01.01.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				purpose of these regulations is to set forth the procedures under which the
				State Ethics Commission will implement the Maryland Public Ethics Law (State
				Government Article, Title 15, Annotated Code of Maryland) as to persons and
				entities within its jurisdiction pursuant to State Government Article, §
									15-104, Annotated
				Code of Maryland.
B. The
				regulations apply to officials and employees of State government as set forth
				below:
(1) Officials and employees of the
				Executive Branch, including those employed with or appointed to local units of
				State agencies, or others specifically designated to be covered by the Public
				Ethics Law;
(2) Constitutional
				officers and officers-elect in the executive agencies;
(3) Persons holding office as State's
				Attorney, Clerk of the Circuit Court for each county, Register of Wills, and
				Sheriff;
(4) As to the General
				Assembly:
(a) Employees of the General
				Assembly; and
(b) Members and
				members-elect of the General Assembly, as to matters regarding financial
				disclosure required by State Government Article, Title 15, Subtitle 6,
				Annotated Code of Maryland;
(5) As to the Judiciary:
(a) Employees of the Judicial Branch;
				and
(b) Members of the Judiciary,
				but only to the extent that the Commission has responsibilities as custodian of
				financial disclosure statements submitted by members of the Judiciary pursuant
				to State Government Article, Title 15, Subtitle 6, Annotated Code of Maryland;
				and
(6) Any other
				officials or employees specifically identified by statute as being covered by
				the provisions of the Public Ethics Law.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.01 - General Provisions › Section 19A.01.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
In this title, the following terms have the meanings
				  indicated:
A. "Board" or "commission"
				means a board, commission, council, or any other executive agency, however
				denominated, comprised of two or more appointed members, all of whom serve on
				the board or commission on a part-time basis.
A-1. "Business" or "business entity" means
				any corporation, general or limited partnership, sole proprietorship (including
				a private consulting operation), joint venture, unincorporated association or
				firm, institution, trust, foundation or other organization, whether or not
				operated for profit.
B.
				"Commission" means the State Ethics Commission.
C. "Compensation" means any money or thing of
				value regardless of form received or to be received by any individual subject
				to this title from an employer for service rendered. For purposes of State
				Government Article, Title 15, Subtitle 7, Annotated Code of Maryland, if
				lobbying is only a portion of a person's employment, compensation means a
				prorated amount based on the time devoted to lobbying compared to the time
				devoted to other employment duties. For reporting purposes, a prorated amount
				shall be labeled as such.
C-1.
				"Designated second home" means:
(1) If an
				individual owns one second home, the individual's second home; or
(2) If an individual owns more than one
				second home, any one second home the individual identifies to the Commission as
				the individual's designated second home.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.01 - General Provisions › Section 19A.01.01.03 - Commission Meetings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				General.
(1) The Commission shall meet at the
				call of the Chairman or a majority of its members.
(2) A quorum consists of three or more
				members.
(3) An affirmative vote of
				at least three members shall be necessary for any action of the
				Commission.
(4) The Commission
				shall establish its meeting agenda, and times of special orders for appearances
				shall be taken promptly as scheduled unless otherwise agreed upon by a majority
				of the Commission.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.02 - Advisory Opinions › Section 19A.01.02.01 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. The advisory
				opinion provisions of this chapter apply to officials and employees of State
				government, including:
(1) Officials and
				employees in the Executive Branch and all employees of the Legislative and
				Judicial Branches;
(2) Members of
				the General Assembly as to matters concerning the application to them of the
				financial disclosure provisions of State Government Article, Title 15, Subtitle
				6, Annotated Code of Maryland; and
(3) Local personnel in State offices covered
				by the Public Ethics Law.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.02 - Advisory Opinions › Section 19A.01.02.02 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any
				official or employee or other person identified in Regulation .01 may request
				an advisory opinion concerning application to the requester of the provisions
				of the Public Ethics Law, or, as to members of the General Assembly, General
				Provisions Article, Title 5, Subtitle 6, Annotated Code of Maryland. The
				Commission shall accept and process these advisory opinion requests in
				accordance with the procedures set forth in this chapter.
B. Advisory opinions may be requested by an
				official or employee of the State as to matters covered by the Public Ethics
				Law concerning another official or employee under the requester's supervision.
				These requests shall be accepted and processed by the Commission in accordance
				with this chapter.
C. Any other
				person may request an advisory opinion as to subject matters or individuals
				subject to the Public Ethics Law and the Commission's jurisdiction as set forth
				in Regulation .01 of this chapter. These requests may be considered by the
				Commission in its discretion as deemed appropriate.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.02 - Advisory Opinions › Section 19A.01.02.03 - Relationship to Investigatory Process

Current through Register Vol. 51, No. 14, July 12, 2024
It shall be the general practice of the Commission to
				  consider advisory opinion requests dealing with nonspeculative fact situations
				  and to render opinions having prospective application. If an opinion request
				  requires consideration of past behavior or events, the Commission may consider
				  the request in the context of a preliminary inquiry pursuant to COMAR
				  19A.01.03.03B.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.02 - Advisory Opinions › Section 19A.01.02.04 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
All requests for advisory opinions shall be in writing
				  addressed to the State Ethics Commission at the Commission's offices. The
				  request shall include the signature, address, and telephone number of the
				  requestor and shall set forth the facts and circumstances giving rise to the
				  request.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.02 - Advisory Opinions › Section 19A.01.02.05 - Review Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				advisory opinion request accepted for processing pursuant to Regulation .02 of
				this chapter shall be acknowledged by the Commission staff. The acknowledgement
				shall set forth the right of the subject to protection of his identity pursuant
				to State Government Article, §
									15-303, Annotated
				Code of Maryland, and also the right of any person to be represented by counsel
				in connection with any aspect of the advisory opinion review process. When the
				request is from a person other than the official or employee whose conduct is
				the subject of the request, the person who is the subject of the request shall,
				if his identity is ascertainable, be provided with a copy of the request and
				the acknowledgement letter.
B.
				Informal Advice.
(1) When an advisory opinion
				request presents facts and raises issues that have been addressed in a
				previously issued opinion of the Commission, the Commission staff may transmit
				the prior opinion as an expedited informal response to the opinion
				request.
(2) If the person who
				receives an informal response pursuant to §B(1) of this regulation believes
				that facts or law peculiar to the request are contrary to the existing opinion,
				then further formal or informal review by the Commission may be
				requested.
(3) When formal review
				is requested pursuant to §B(2) of this regulation, the Commission may, based on
				the available information:
(a) Schedule the
				request for review as set forth in §§C-E of this regulation, and Regulation
				.06; or
(b) Concur in the staff
				advice.
(4) If the staff
				advice provided pursuant to §B(1) of this regulation is affirmed, then it, with
				the prior opinion, shall be the final opinion of the Commission.
(5) The Commission may also provide informal
				advice when there is no prior staff advice or, when, based on the facts of the
				particular situation, formal advice is not required.
(6) When an informal determination is made,
				the procedures set forth in § C--E of this regulation and Regulation .06 do not
				apply.
(7) Materials and documents
				relating to informal advice shall be treated as advisory opinion materials for
				purposes of the information provisions set forth in COMAR 19A.01.01.04.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.02 - Advisory Opinions › Section 19A.01.02.06 - Issuance of Opinion

Current through Register Vol. 51, No. 14, July 12, 2024
A. Advice
				in response to an opinion request shall be provided within 60 days of receipt
				of the request (or more promptly if circumstances require it). Each opinion
				shall be committed to writing and be dated, and shall contain the names of all
				members of the Commission present at the meeting at which the opinion request
				was decided and who subscribed to the opinion. The name of any dissenter to an
				opinion shall be separately noted. Each advisory opinion shall be written, to
				the extent possible, so as to prevent disclosure of the identity of the subject
				of the opinion.
B. Advisory
				opinions shall be filed with the Division of State Documents for publication in
				the Maryland Register, and mailed to the requestor, the subject, and to other
				interested persons, as determined in the discretion of the Commission or the
				Executive Director of the Commission.
C. The opinion rendered is binding on the
				Commission in any subsequent investigation or complaint proceeding concerning
				the officer or employee or other person who sought the opinion or who was the
				subject of the opinion and who acted in reliance on it in good faith, unless
				material facts were omitted or mis-stated by the person in the request for an
				advisory opinion or in statements made to the Commission concerning the
				situation under advisement.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.03 - Enforcement Procedures › Section 19A.01.03.01 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
The enforcement provisions of this chapter apply to alleged
				  violations of the Public Ethics Law by any:
A. Official or employee of the Executive
				Branch;
B. Public official or
				employee of the Legislative or Judicial Branch;
C. Member of the General Assembly as to
				matters concerning the financial disclosure requirements of State Government
				Article, Title 15, Subtitle 6, Annotated Code of Maryland;
D. Person or entity subject to the lobbying
				provisions of State Government Article, Title 15, Subtitle 7, Annotated Code of
				Maryland;
E. Candidate for office
				as a State official, who is required to file financial disclosure pursuant to
				State Government Article, Title 15, Subtitle 6, Annotated Code of
				Maryland;
F. Constitutional
				officer-elect in an executive agency;
G. Former employee subject to State
				Government Article, §15-504, Annotated Code of Maryland; or
H. Other person or entity identified by State
				law.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.03 - Enforcement Procedures › Section 19A.01.03.02 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definitions.
(1) "Hearing" means a hearing
				conducted by the Commission pursuant to State Government Article, §
										15-404, and the
				Administrative Procedure Act, State Government Article, Title 10, Subtitle 2,
				Annotated Code of Maryland.
(2)
				"Party" includes only the respondent and the staff counsel or other counsel
				designated by the Commission.
(3)
				Preliminary Inquiry.
(a) "Preliminary
				inquiry" means the process by which a matter may be presented to the Commission
				for preliminary review to determine whether the matter should be processed as a
				complaint in accordance with State Government Article, §
											15-401, Annotated
				Code of Maryland.
(b) "Preliminary
				inquiry" includes:
(i) Investigation and
				review of the matter by Commission staff or other individual designated by the
				Commission; and
(ii) Consideration
				of the matter by the Commission.
(4) "Preliminary investigation" means the
				investigation conducted by the staff counsel or other investigator identified
				by the Commission, after a complaint has been accepted or issued and been
				referred by the Commission pursuant to State Government Article, §
										15-403, Annotated
				Code of Maryland.
(5) "Respondent"
				includes, when appropriate to the context of this chapter, counsel speaking or
				acting on the respondent's behalf in connection with an enforcement matter
				subject to this chapter.
(6) "Staff
				counsel" includes, when appropriate to the context of this chapter, any other
				person designated by the Commission to perform the functions of the staff
				counsel in accordance with this chapter.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.03 - Enforcement Procedures › Section 19A.01.03.03 - Preliminary Inquiry

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Commission may consider as a preliminary inquiry any matter that:
(1) Arises from any source, including the
				consideration of an advisory opinion;
(2) Involves past or ongoing conduct;
				and
(3) Presents a possible
				violation of State Government Article, Title 15, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.03 - Enforcement Procedures › Section 19A.01.03.04 - Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. Complaints from
				a Person.
(1) A person may file a complaint
				with the Commission.
(2) A
				complaint filed by a person pursuant to this section shall:
(a) Be written, signed, and under
				oath;
(b) Allege a violation of
				State Government Article, Title 15, Annotated Code of Maryland, by an official,
				employee, or any other person subject to the jurisdiction of the Commission as
				set forth in Regulation .01 of this chapter; and
(c) Contain sufficient facts to permit a
				preliminary investigation to be undertaken.
(3) The Commission shall accept for further
				proceedings any complaint filed by a person pursuant to this section unless the
				complaint:
(a) Is plainly frivolous;
				or
(b) Does not comply with the
				requirements of this section.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.03 - Enforcement Procedures › Section 19A.01.03.05 - Preliminary Staff Investigation and Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Complaints issued by the Commission or
				filed and accepted by the Commission pursuant to Regulation .04 of this chapter
				shall be referred to the staff counsel.
B. Collection of Evidence.
(1) The staff counsel shall collect evidence
				relating to the allegations of the complaint.
(2) Evidence may be collected by personal
				interview, interrogatory, deposition, review of documents, or any other usual
				investigatory method.
(3) In the
				collection of evidence pursuant to this section, the subpoena power of
				Regulation .01C(1) of this chapter may be relied upon to compel the attendance
				and testimony of witnesses and the production of books, papers, records,
				documents, or other tangible objects.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.03 - Enforcement Procedures › Section 19A.01.03.06 - Commission Preliminary Consideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission shall consider the
				preliminary report submitted by the staff counsel pursuant to Regulation .05 of
				this chapter.
B. The Commission
				shall dismiss the complaint if it determines that:
(1) The report contains evidence of a cure of
				all violations, and dismissal would not be contrary to the purposes of State
				Government Article, Title 15, Annotated Code of Maryland;
(2) The evidence does not raise sufficient
				likelihood of a violation of State Government Article, Title 15, Annotated Code
				of Maryland, to merit further proceedings; or
(3) A proposed resolution agreed to by the
				staff counsel and the respondent is accepted and supports a conclusion that the
				matter does not merit further proceedings.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.03 - Enforcement Procedures › Section 19A.01.03.07 - Hearing Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a
				complaint is not dismissed by preliminary Commission determination, a hearing
				shall be scheduled and a hearing notice shall be issued by the Chairman or
				other designated member acting on the Commission's behalf.
B. A hearing notice shall include a:
(1) Statement of the time, place, and nature
				of the hearing;
(2) Statement of
				the legal authority and jurisdiction under which the hearing is to be
				held;
(3) Reference to the relevant
				sections of the statutes, regulations, and rules of procedure
				involved;
(4) Short and simple
				statement of the matters asserted;
(5) Statement that failure to appear for the
				scheduled hearing may result in adverse action against the
				respondent;
(6) Statement that the
				respondent may agree to the evidence and waive the right to appear at the
				hearing; and
(7) Statement of the
				respondent's right to:
(a) Call witnesses and
				submit documents or other evidence as provided in Regulation .10 of this
				chapter,
(b) Use the subpoena power
				of the Commission as set forth in Regulation .02C of this chapter,
(c) Receive a copy of the Commission's
				enforcement procedures found in this chapter if not otherwise provided,
				and
(d) Be represented by counsel
				in the hearing.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.03 - Enforcement Procedures › Section 19A.01.03.08 - Settlements

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any time
				after a matter is initiated and before a final determination by the Commission,
				the staff counsel and respondent may develop a proposed settlement of the
				matter.
B. A proposed settlement
				may:
(1) Be based on admissions or
				stipulations of fact or law;
(2)
				Recite actions taken or agreed to be taken by the parties;
(3) Include any sanction, penalty, or action
				agreed to be imposed or taken as a result of Commission acceptance of the
				proposed settlement; and
(4)
				Include any other provisions allowable by law that would define the framework
				for resolution of the matter.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.03 - Enforcement Procedures › Section 19A.01.03.09 - Prehearing Process

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Discovery and Disclosure.
(1) The respondent
				has the right to inspect and to copy any document that is accessible under the
				Maryland Public Information Act, State Government Article, 10-601-----10-608,
				Annotated Code of Maryland, as set forth in COMAR 19A.01.01.04B.
(2) If a prehearing conference is not held,
				the respondent and the staff counsel shall submit to the general counsel, at
				least 10 working days before the scheduled date of the hearing:
(a) A proposed list of their witnesses and
				possible documentary evidence to be introduced at the hearing; and
(b) An estimate of the anticipated length of
				the presentation of their case.
(3) The Chairman may prohibit the
				introduction of documentary or testimonial evidence not disclosed before the
				hearing as provided in §A(2) of this regulation.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.03 - Enforcement Procedures › Section 19A.01.03.10 - Conduct of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Failure
				to Attend Hearing, and Default.
(1) If after
				receiving proper notice a party fails to attend or participate in the hearing,
				the party shall be considered in default and the hearing may be conducted and
				the issues finally determined in the party's absence.
(2) Within 10 days after mailing of a final
				decision following a default, the party may file a written request that the
				decision be vacated, stating the reasons relied upon.
(3) The final decision may be vacated by the
				Commission if it is found that there is an:
(a) Actual controversy in the matter;
				and
(b) Equitable excuse for the
				default.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.03 - Enforcement Procedures › Section 19A.01.03.11 - Commission Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				Commission decision following a hearing shall be:
(1) Made in accordance with its regular
				procedures as set forth in COMAR 19A.01.01; and
(2) Based on a preponderance of the evidence
				presented at the hearing as set forth in Regulation .10E of this
				chapter.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.03 - Enforcement Procedures › Section 19A.01.03.12 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. If aggrieved
				by a final order of the Commission, the respondent may request judicial review
				in accordance with the provisions of the Administrative Procedure Act, State
				Government Article, §
									10-222, Annotated
				Code of Maryland.
B. The final
				order of the Commission shall be stayed automatically until the time for
				seeking judicial review has expired.
C. If a timely appeal for judicial review is
				filed, action to implement the final order shall be stayed until the final
				disposition of the matter by the court.
D. The Commission may take action to seek
				judicial imposition of fines as set forth in State Government Article, §
									15-902, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 02 - CONFLICTS OF INTEREST › Chapter 19A.02.01 - Exception to Outside Employment Prohibition › Section 19A.02.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §B of this regulation, this chapter applies to all officials and
				employees.
B. This chapter does not
				apply to a member of the General Assembly or a State official in the Judicial
				Branch.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 02 - CONFLICTS OF INTEREST › Chapter 19A.02.01 - Exception to Outside Employment Prohibition › Section 19A.02.01.02 - Prohibition Against Outside Employment

Current through Register Vol. 51, No. 14, July 12, 2024
Except as provided in Regulation .03 of this chapter, an
				  official or employee may not:
A. Be
				employed by an entity subject to the authority of:
(1) The official or employee; or
(2) The governmental unit with which the
				official or employee is affiliated;
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 02 - CONFLICTS OF INTEREST › Chapter 19A.02.01 - Exception to Outside Employment Prohibition › Section 19A.02.01.03 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to Regulation .04 of this chapter, the Commission may
				  grant an official or employee an exception to Regulation .02 of this chapter
				  for specific outside employment if:
A.
				The employee's or official's State duties do not significantly impact on the
				outside employer or a contract or proposed contract between the outside
				employer and the official's or employee's governmental unit;
B. The employee or official is not directly
				supervised by a person who has duties that significantly impact on the outside
				employer or the contract or proposed contract;
C. The official or employee does not
				supervise a person who has duties that significantly impact on the outside
				employer or the contract or proposed contract;
D. The employee or official is not affiliated
				with the specific unit within the employee's or official's governmental unit
				that exercises authority over the outside employer or is involved in contracts
				with the outside employer;
E. The
				employee or official has complied with relevant other sections of the Ethics
				Law relating to the matters involved;
F. The employee's or official's outside
				employment involves no substantive, non-ministerial duties significantly
				relating to the official's or employee's governmental unit's authority over the
				outside employer;
G. The employee's
				or official's outside employment does not involve negotiating or carrying out a
				contract involving the outside employer and the official's or employee's
				governmental unit, other than contracts involving broad reimbursement payments
				that are based on a generally applicable standard and that do not involve
				substantial negotiation or discretion;
H. The employee's or official's private
				compensation is not directly funded by the State contract or contracts;
				and
I. The Commission determines
				that the employee's or official's specific employment circumstances do not
				otherwise raise a conflict of interest or appearance of conflict as
				contemplated by State Government Article, §§
									15-102 and 15-502,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 02 - CONFLICTS OF INTEREST › Chapter 19A.02.01 - Exception to Outside Employment Prohibition › Section 19A.02.01.04 - Application of Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Commission may grant an exception under Regulation .03 of this chapter to an
				individual who does not meet the criteria of Regulation .03B, C, D, or F of
				this chapter for specific outside employment if:
(1) The head of the employee's or official's
				governmental unit advises the Commission that the head of the governmental unit
				does not believe that the secondary employment would present a conflict of
				interest or the appearance of a conflict of interest that would impair the
				credibility of the governmental unit; and
(2) The Commission concurs in the assessment
				of the head of the official's or employee's governmental unit provided under
				§A(1) of this regulation.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 02 - CONFLICTS OF INTEREST › Chapter 19A.02.02 - Exception to Financial Interest Prohibition › Section 19A.02.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §B of this regulation, this chapter applies to all officials and
				employees.
B. This chapter does not
				apply to a member of the General Assembly or a State official in the Judicial
				Branch.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 02 - CONFLICTS OF INTEREST › Chapter 19A.02.02 - Exception to Financial Interest Prohibition › Section 19A.02.02.02 - Prohibition Against Holding of Private Financial Interests

Current through Register Vol. 51, No. 14, July 12, 2024
Except as provided in Regulation .03 of this chapter, an
				  official or employee may not hold a financial interest in an entity
				  that:
A. Is subject to the authority
				of:
(1) The official or employee; or
(2) The government unit with which the
				official or employee is affiliated; or
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 02 - CONFLICTS OF INTEREST › Chapter 19A.02.02 - Exception to Financial Interest Prohibition › Section 19A.02.02.03 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to Regulation .04 of this chapter, the Commission may
				  grant an official or employee an exception to Regulation .02 of this chapter
				  for a specific financial interest if:
A. The interest is disclosed as provided in
				Regulation .05 of this chapter;
B.
				The employee's or official's State duties do not significantly impact on the
				entity in which the financial interest is held, or on a contract or proposed
				contract between the entity and the official's or employee's governmental
				unit;
C. The employee or official
				is not directly supervised by a person who has duties that significantly impact
				on the entity in which the financial interest is held, or on the contract or
				proposed contract;
D. The official
				or employee does not supervise a person who has duties that significantly
				impact on the entity in which the financial interest is held, or on the
				contract or proposed contract;
E.
				The employee or official is not affiliated with the specific unit within the
				employee's or official's governmental unit that exercises authority over the
				entity in which the financial interest is held, or is involved in contracts
				with the entity;
F. The employee or
				official has complied with relevant other sections of the Ethics Law relating
				to the matters involved;
G. The
				employee's or official's financial interest in the entity involves no
				substantive non-ministerial duties significantly relating to the employee's or
				official's governmental unit's authority over the entity;
H. The employee's or official's financial
				interest in the entity does not involve negotiating or carrying out a contract
				involving the entity and the employee's or official's governmental unit, other
				than contracts involving broad reimbursement payments that are based on a
				generally applicable standard and that do not involve substantial negotiation
				or discretion;
I. State contract or
				contracts do not exceed 20 percent of the calendar year gross income of the
				entity in which the financial interest is held, one-third of the capitalized
				value of the entity, or a value at any time during a calendar year of $5,000 or
				more; and
J. The Commission
				determines that the employee's or official's financial interest and the
				circumstances do not otherwise raise a conflict of interest or appearance of
				conflict as contemplated by State Government Article, §§
									15-102 and 15-502,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 02 - CONFLICTS OF INTEREST › Chapter 19A.02.02 - Exception to Financial Interest Prohibition › Section 19A.02.02.04 - Application of Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Exceptions Under Limited Circumstances.
(1)
				The Commission may grant an exception under Regulation .03 of this chapter to
				an individual who does not meet the criteria of Regulation .03C, D, E, G, or I
				of this chapter for a specific financial interest if:
(a) The head of the official's or employee's
				governmental unit advises the Commission that the head of the governmental unit
				does not believe that the financial interest would present a conflict of
				interest or the appearance of a conflict of interest that would impair the
				credibility of the governmental unit; and
(b) The Commission concurs in the assessment
				of the head of the official's or employee's governmental unit provided under
				§A(1)(a) of this regulation.