(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.