19A.05.03.02

.02 Commission Review of Board of Education Regulations.

A. Preliminary Review by Commission.

(1) A board of education may submit proposed new ethics regulations and amendments to the Commission for review prior to final adoption.

(2) The Commission may provide preliminary review and comment on proposed ethics regulations and amendments to a board of education.

B. The Commission shall review all enacted regulations and amendments and shall determine if the regulations or amendments meet the requirements of this subtitle and General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland.

C. In determining whether a board of educationís regulations or amendments meet the statutory requirements for members of school boards and for being similar to the Public Ethics Law, the Commission shall apply the criteria of COMAR 19A.05.02 and General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland.

D. Disapproval by Commission.

(1) The Commission may disapprove a regulation or amendment adopted by a board of education:

(a) Within 60 days of submission by the board to the Commission; and

(b) Only if the Commission finds that the regulation or amendment is not in substantial compliance with this subtitle or General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland.

(2) If the Commission determines that a board of educationís regulations or amendments do not meet the requirements of this subtitle or General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland, the Commission promptly shall notify the board of education of the determination, and Commission staff shall assist the board of education in developing regulations that comply with these requirements.

E. If the Commission does not disapprove a regulation or amendments to a regulation as provided in §D of this regulation, the regulation or amendment is deemed to have been approved.

F. Regulations and amendments adopted under this subtitle and General Provisions Article, Title 5, Subtitle 8, Part III, Annotated Code of Maryland, become effective 60 days after submission to the Commission unless the Commission disapproves the regulations as provided in §D of this regulation.