(a)    Except as otherwise provided by law, individuals in the following positions in the skilled service and professional service are considered special appointments:

(1)    a position to which an individual is directly appointed by the Governor by an appointment that is not provided for by the Maryland Constitution;

(2)    a position to which an individual is directly appointed by the Board of Public Works;

(3)    as determined by the Secretary, a position which performs a significant policy role or provides direct support to a member of the executive service;

(4)    a position that is assigned to the Government House;

(5)    a position that is assigned to the Governor’s Office; and

(6)    any other position that is specified by law to be a special appointment.

(b)    Except as provided under § 6–105(a) of the State Government Article, a position that is a special appointment may be filled with regard to political affiliation, belief, or opinion if the Secretary determines that the position:

(1)    relates to political interests or concerns so as to warrant that political affiliation be a requirement for the position; and

(2)    (i)    requires the provision of meaningful direct or indirect input into the policy–making process; or

(ii)    provides access to confidential information and:

1.    requires substantial intervention or collaboration in the formulation of public policy; or

2.    requires the provision of direct advice or the rendering of direct services to an appointing authority.