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Session Laws, 1995
Volume 793, Page 3051   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 533

[3-102.] 15-516. SAME — CONFIDENTIALITY.

[(j))] Each statement filed or prepared pursuant to [subsection (i)] § 15-515 OF
THIS SUBTITLE and the fact that it has been filed or prepared, any preliminary summary
prepared pursuant to [subsection (k)(3)] § 15-517 OF THIS SUBTITLE, all information
relating to any proceedings under this [section] PART II emanating from the statement
including proceedings of an investigating committee pursuant to [subsection (o)] § 15-521
OF THIS SUBTITLE, and any reports thereupon are confidential and, except as permitted
by this [section] PART II or upon the written request of the legislator involved, shall
remain confidential.

REVISOR'S NOTE: This section formerly was Art. 40A, § 3-102(j).

[3-102.] 15-517. PRELIMINARY REVIEW BY JOINT ETHICS COMMITTEE.

[(k)] (A) Following the filing or preparation of a statement pursuant to
[subsection (i)] § 15-515 OF THIS SUBTITLE, the JOINT ETHICS Committee shall review
the statement and proceed in accordance with [subsection (1)] § 15-518 OF THIS
SUBTITLE unless, after examination of the statement and the issues raised thereby, it
finds that further proceedings are not justified because:

[(i)] (1) The statement is frivolous;

[(ii)] (2) The statement and the accompanying affidavit do not allege
actions on the part of the member which provide reason to believe that a violation may
have occurred;

[(iii)] (3) The matters alleged are not within the jurisdiction of the
JOINT ETHICS Committee;

[(iv)] (4) The violations alleged were inadvertent, technical, or minor,
or have been cured, and, after consideration of all of the circumstances then known,
further proceedings would not serve the purposes of this section; or

[(v)](5) For other reasons, after consideration of all the
circumstances, further proceedings would not serve the purposes of this section.

[(2)](B) If a finding is made under [paragraph (1)] SUBSECTION (A) of
this [subsection] SECTION, the JOINT ETHICS Committee shall submit a report of its
conclusions to the presiding officer of the branch of the legislature of which the legislator
is a member, and the proceedings shall be terminated. Subject to [subsection (j)] § 15-516
OF THIS SUBTITLE, notice of the JOINT ETHICS Committee's action shall be provided to
the member and to any person who filed the statement. Upon request, the legislator may
see the statement and the report.

[(3)](C) If no finding is made under [paragraph (1)] SUBSECTION (A) of
this [subsection] SECTION, the JOINT ETHICS Committee shall prepare a preliminary
summary, based upon its examination under that [paragraph] SUBSECTION, setting forth
the alleged facts and the issues then known which merit further proceedings.

REVISOR'S NOTE: This section formerly was Art. 40A, § 3-102(k).

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Session Laws, 1995
Volume 793, Page 3051   View pdf image
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