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Session Laws, 1999
Volume 796, Page 2249   View pdf image
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(iv) if the contract reasonably could be expected to result in a
conflict between the private interest and the official State duties of the official or
employee, a business entity that is a party to a contract with:

1. the official or employee; or

2. if known to the official or employee, a qualifying relative of
the official or employee;

(v) a business entity, either engaged in a transaction with the State
or subject to regulation by the official's or employee's governmental unit, in which a
direct financial interest is owned by another business entity if the official or
employee:

1. has a direct financial interest in the other business entity;

and

2. reasonably may be expected to know of both financial

interests; or

(vi) a business entity that:

1. the official or employee knows is a creditor or obligee of
the official or employee, or of a qualifying relative of the official or employee, with
respect to a thing of economic value; and

2. as a creditor or obligee, is in a position to affect directly
and substantially the interest of the official, employee, or qualifying relative.

(b) (1) The prohibitions of subsection (a) of this section do not apply if
participation is allowed:

(i) as to officials and employees subject to the authority of the
Ethics Commission, by regulation of the Ethics Commission;

(ii) by the opinion of an advisory body; or

(iii) by another provision of this subtitle.

(2) This section does not prohibit participation by an official or employee
that is limited to the exercise of an administrative or ministerial duty that does not
affect the disposition or decision with respect to the matter involved.

(c) Art official or employee who otherwise would be disqualified from
participation under subsection (a) of this section shall disclose the nature and
circumstances of the conflict, and may participate or act, if:

(1) the disqualification would leave a body with less than a quorum
capable of acting;

(2) the disqualified official or employee is required by law to act; or

(3) the disqualified official or employee is the only individual authorized

to act.

 

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Session Laws, 1999
Volume 796, Page 2249   View pdf image
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