Part IV – Debarment Procedures
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 5, § 40-15 (2026)
§ 40-15 Reports.LinkCopy Citation
(a)Units to report to Board.
Each agency, instrumentality, and unit of the City shall promptly report to the Board any information that indicates a cause for debarment under:
(1)
§ 40- 5 {“Automatic debarment for certain bribery offenses”};
(2)
§ 40-6 {”Other bribery offenses”};
(3)
§ 40-7 {“Violations of other laws”}; or
(4)
§ 40-8 {“Other events”}.
(b)Board to seek copies of State reports.
The Board shall seek to obtain from the State Board of Public Works timely copies of reports made to the State Board under § 16-302 of the State Finance and Procurement Article.
History: Ord. 00-005
Balt., Md., Code art. 5, § 40-16 (2026)
§ 40-16 Notice and opportunity for hearing — automatic debarments.LinkCopy Citation
(a)Scope of section.
This section applies if:
(1)
a person is convicted of an offense described in <cite data-path="|5|§40-5">§ 40-5 {“Automatic debarment for certain bribery offenses”} of this subtitle</cite>; and
(2)
that person or a business in which that person is a principal is seeking a contract with the City.
(b)Notice of debarment.
When the Board learns of the conviction, the Board shall:
(1)
notify the person of the person’s automatic debarment under <cite data-path="|5|§40-5">§ 40-5 of this subtitle</cite>; and
(2)
give the person reasonable opportunity to be heard on whether the stated basis for debarment exists.
History: Ord. 00-005
Balt., Md., Code art. 5, § 40-17 (2026)
§ 40-17 Notice and opportunity for hearing — other debarments.LinkCopy Citation
(a)Scope of section.
This section applies if:
(1)
a person is subject to debarment under § 40-6 {“Other bribery offenses”}, § 40-7 {“Violations of other laws”}, or <cite data-path="|5|§40-8">§ 40-8 {“Other events”} of this subtitle</cite>; and
(2)
that person or a business in which that person is a principal is seeking or is performing under a contract with the City.
(b)Notice of proposed debarment.
(1)
When the Board receives information that indicates a basis for debarring a person under § 40-6, § 40-7, or <cite data-path="|5|§40-8">§ 40-8 of this subtitle</cite>, the Board may institute debarment proceedings by notice to that person.
(2)
The notice shall state:
(i)
the grounds for the debarment;
(ii)
the person’s right to a hearing before the Board; and
(iii)
that the right to a hearing is waived unless the person files a request for hearing as required by subsection (c) of this section.
(c)Request for hearing.
A request for a hearing must be:
(1)
in writing; and
(2)
filed with the Board within 30 days after the person received the notice.
(d)Debarment on failure to request hearing.
If the person fails to file a request for hearing as required by subsection (c) of this section, the person:
(1)
waives the right to a hearing; and
(2)
is debarred.
History: Ord. 00-005
Balt., Md., Code art. 5, § 40-18 (2026)
§ 40-18 Suspension pending decision.LinkCopy Citation
(a)Persons.
Pending a final decision on a debarment, the Board may suspend any person against whom debarment proceedings have been instituted under this subtitle.
(b)Businesses.
A business is suspended to the same extent that a person is suspended under this section if:
(1)
the suspended person’s debarment would cause the debarment of the business under <cite data-path="|5|§40-20">§ 40-20 {“Debarment of businesses”} of this subtitle</cite>; and
(2)
the Board notifies the business of its suspension under this subsection.
(c)Modification or termination.
(1)
A person or business suspended under this section may petition the Board to modify or terminate the suspension.
(2)
In its sole discretion, the Board may conduct a hearing on the petition.
(3)
In considering the petition, the Board shall determine whether the integrity of the contracting process and the best interests of the City would be served by continuing, modifying, or terminating the suspension.
(4)
The Board shall give the petitioner notice of the Board’s decision.
History: Ord. 00-005
Balt., Md., Code art. 5, § 40-19 (2026)
§ 40-19 Hearing and decision.LinkCopy Citation
(a)Hearing.
(1)
Within 90 days after receipt of a request for a hearing, the Board shall:
(i)
conduct a hearing; and
(ii)
decide whether the person should be debarred.
(2)
The time for hearing and decision may be extended by the Board for good cause shown.
(b)Factors to be considered.
In a proceeding under § 40-6, § 40-7, or <cite data-path="|5|§40-8">§ 40-8 of this subtitle</cite>, the Board shall:
(1)
determine whether the integrity of the contracting process and the best interests of the City would be served by debarring the person from entering into or performing contracts with the City; and
(2)
for that purpose, consider all relevant factors, including:
(i)
the nature and seriousness of the act that caused the person to be subject to debarment;
(ii)
the time the act occurred;
(iii)
whether and to what extent the person cooperated with authorities investigating the matter;
(iv)
the conditions under which the person cooperated; and
(v)
the conduct of the person since the act occurred.
(c)Decision.
(1)
The Board shall notify the person of the Board’s decision.
(2)
The notice shall:
(i)
state whether the person is debarred for the act in question; and
(ii)
if the person is debarred, state the period of debarment.
History: Ord. 00-005
Balt., Md., Code art. 5, § 40-20 (2026)
§ 40-20 Debarment of businesses.LinkCopy Citation
(a)Grounds.
A business is debarred from entering into or performing under a contract with the City if the Board debars any principal in that business.
(b)Scope of debarment.
A business debarred under subsection (a) of this section is debarred to the same extent as the debarred principal.
(c)Duration.
A business remains debarred under this section:
(1)
as long as the debarred person remains with the business in any principal capacity; or
(2)
until the debarment is removed in accordance with this subtitle.
(d)Notice.
The Board shall notify a business of any debarment of the business under this section.
History: Ord. 00-005