Md. Code Ann., Gen. Provis. § 5-504
Employment restriction--Representation or assistance
Effective Apr 13, 2021Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2017, c. 31, § 1, eff. Oct. 1, 2017; Acts 2020, c. 164, § 1, eff. Oct. 1, 2020; Acts 2021, c. 109, § 1, eff. April 13, 2021.State of Maryland
(a)
- (1) This subsection does not apply to members of the General Assembly.
- (2) Except as provided in paragraph (3) of this subsection, an official or employee may not, for contingent compensation, assist or represent a party in any matter before or involving any unit of the State or a political subdivision of the State.
(3) Paragraph (2) of this subsection does not apply to assistance to or representation of a party:
- (i) in a judicial or quasi-judicial proceeding, including a proceeding before an administrative law judge in the Office of Administrative Hearings, or a matter preliminary, incidental, or collateral to a judicial or quasi-judicial proceeding; or
- (ii) in a matter before or involving the Workers' Compensation Commission, the Maryland Automobile Insurance Fund, or the Criminal Injuries Compensation Board.
(b)
- (1) Except as provided in paragraph (2) of this subsection, a member of the General Assembly may not, for compensation, assist or represent a party in any matter before or involving any unit of the State or a political subdivision of the State.
(2) Paragraph (1) of this subsection does not apply to assistance to or representation of a party:
- (i) in matters relating to the performance of ministerial acts by a governmental unit;
(ii) in matters involving the member's regular business, employment, or profession, in which contact with a governmental unit:
- 1. is an incidental part of the business, employment, or profession;
- 2. is made in the manner that is customary for persons in that business, employment, or profession; and
- 3. is not for contingent compensation;
- (iii) in a judicial or quasi-judicial proceeding, including a proceeding before an administrative law judge in the Office of Administrative Hearings, or a matter preliminary, incidental, or collateral to a judicial or quasi-judicial proceeding;
- (iv) in a matter before or involving the Workers' Compensation Commission, the Maryland Automobile Insurance Fund, or the Criminal Injuries Compensation Board; or
(v) in a matter in which the assistance or representation, other than for contingent compensation, was commenced by the member of the General Assembly before:
- 1. the member filed a certificate of candidacy for election to the General Assembly at a time when the member was not an incumbent; or
- 2. if the member was appointed to fill a vacancy, the date of appointment.
(c)
(1) A member of the General Assembly may not assist or represent a person, including himself or herself, for compensation before a State or local governmental agency in any matter involving:
- (i) procurement; or
- (ii) the adoption of regulations.
- (2) Paragraph (1) of this subsection does not apply to an administrative proceeding conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
(d)
(1) Except for a former member of the General Assembly, who shall be subject to the restrictions provided under paragraph (2) of this subsection, a former official or employee may not assist or represent a party, other than the State, in a case, a contract, or any other specific matter for compensation if:
- (i) the matter involves State government; and
- (ii) the former official or employee participated significantly in the matter as an official or employee.
(2)
- (i) In this paragraph, “legislative action” does not include testimony or other advocacy in an official capacity as a member of the General Assembly before a unit of State or local government.
(ii) Except as provided in subparagraph (iii) of this paragraph:
- 1. a former member of the General Assembly may not assist or represent another party for compensation in a matter that is the subject of legislative action for 1 year from the date the member leaves office; and
- 2. a former Governor, Lieutenant Governor, Attorney General, Comptroller, State Treasurer, or secretary of a principal department of the Executive Branch may not assist or represent another party for compensation in a matter that is the subject of legislative action for 1 year from the date the official leaves State office.
- (iii) The limitation under subparagraph (ii) of this paragraph on representation by a former member of the General Assembly, Governor, Lieutenant Governor, Attorney General, Comptroller, State Treasurer, or secretary of a principal department of the Executive Branch does not apply to representation of a municipal corporation, county, or State governmental entity.
- (e) Notwithstanding subsection (a)(3) of this section or § 5-502 of this subtitle, a full-time official or employee in the Judicial Branch may not represent a party before a court or unit of the Judicial Branch except in the discharge of official duties.
Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2017, c. 31, § 1, eff. Oct. 1, 2017; Acts 2020, c. 164, § 1, eff. Oct. 1, 2020; Acts 2021, c. 109, § 1, eff. April 13, 2021.