This subtitle is broadly applicable to all debarment proceedings.

The clerk of each circuit court shall send to the Board a certified copy of: each judgment of conviction of bribery, attempted bribery, or conspiracy to bribe; and each docket entry showing an acceptance of a plea of nolo contendere for bribery, attempted bribery, or conspiracy to bribe, or imposition of probation before judgment for any such offense. During an investigation or other proceeding, if a person admits an act or omission that would subject that person to debarment under § 16-202(b)(3) or § 16-203(b) of this title, the prosecuting officer of the public body who has responsibility for the proceeding shall send to the Board a copy or summary of the written statement or transcript reflecting the admission as soon as the officer determines that the transmission will not prejudice a pending or anticipated investigation or other proceeding. Each unit shall report to the Board information showing a cause for debarment under § 16-203(d) of this title.

The Attorney General may institute proceedings to debar a person under § 16-202(b) or § 16-203 of this title from: being considered for the award of, being awarded, or performing a contract with a public body if the Attorney General believes that the person is subject to debarment under § 16-202(b) of this title; or being considered for the award of, being awarded, or performing a contract with the State if the Attorney General believes that the person is subject to debarment under § 16-203 of this title. The Attorney General may recommend whether the Board should suspend a person under § 16-305 of this subtitle. The Attorney General: shall investigate the matters to be determined by the Board in a hearing under this title; as a party to any proceeding brought under this title, shall present to the Board the evidence that the Attorney General considers appropriate; and may recommend: whether the Board should debar the person; and the appropriate time period of the debarment. If the Attorney General reasonably believes that a person may have information or may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated, which the Attorney General believes is relevant to, or may lead to the discovery of, evidence relevant to the subject matter of an investigation of a possible basis for debarment under this title, the Attorney General, before initiating debarment proceedings or recommending suspension as provided for in this title, may serve on the person a written investigative demand which requires the person to perform any one or more of the following: to be examined under oath; to answer written interrogatories; or to produce documentary material and permit inspection and copying of such material. The demand of the Attorney General shall: state the grounds for debarment under investigation; describe the class of documentary material to be produced under the demand with sufficient specificity to indicate fairly the material demanded; contain a copy of the written interrogatories; prescribe a reasonable time of not less than 3 days after the demand is served at which time the person must appear to testify, within which time the person must answer the written interrogatories, and within which time the documentary materials must be produced; specify the place for the taking of testimony and for the production of documentary materials; and identify the member of the Office of the Attorney General who will: take testimony; receive the answers to the written interrogatories; and review the documentary material to be made available for inspection and copying. A petition to extend the time for compliance or to modify or set aside a demand issued under this subsection may be filed at any time before the date specified in the demand in the circuit court of the county of the petitioner’s residence or principal place of business.

The Board shall notify a person that the person is debarred under § 16-202(a) of this title, and shall give reasonable opportunity for that person to be heard on whether the stated basis for debarment exists. The Attorney General may institute proceedings to debar a person under § 16-202(b) or § 16-203 of this title by filing an administrative complaint with the Board. The Board shall notify the person that debarment proceedings have been initiated and that the person has a right to a hearing. Before being debarred, a person subject to debarment under § 16-202(b) or § 16-203 of this title is entitled to a hearing before the Board. The Board shall conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. When a unit contracting for a public body is notified that a person who has applied for a contract is subject to debarment under this title, the unit shall notify the person in writing that: the application may be disqualified; and the person has a right to a hearing before the Board. Unless a person notified by the Board pursuant to this section submits a request to the Board for a hearing within 30 days after receiving such notice, the person: waives the right to a hearing; and is debarred.

While a final decision on a debarment is pending, the Board may suspend a person from: being considered for the award of, being awarded, or performing a contract with a public body, if the debarment proceedings are instituted under § 16-202(b) of this title; or being considered for the award of, being awarded, or performing a contract with the State, if the debarment proceedings are instituted under § 16-203 of this title. A business is suspended to the same extent that a person is suspended under this section if: the suspended person’s debarment would cause the debarment of the business under § 16-307 of this subtitle; and the Board notifies the business in writing of its suspension under this subsection. A person or business suspended under this section may petition the Board to modify or terminate the suspension. In its discretion, the Board may conduct, in accordance with Title 10, Subtitle 2 of the State Government Article, a hearing concerning a petition received under paragraph (1) of this subsection. In considering a petition received under paragraph (1) of this subsection, the Board shall conclude whether the integrity of the contracting process and the best interests of the State would be served by continuing, modifying, or terminating the suspension. The Board shall give the person or business petitioning for modification or termination of a suspension written notice of the Board’s decision.

In making a determination whether a person should be debarred under § 16-202(b) or § 16-203 of this title, the Board shall conclude whether the integrity of the contracting process and the best interests of the State would be served by debarring the person from entering into contracts with the applicable public bodies. In making its determination, the Board shall consider relevant factors, including: the nature and seriousness of the act that caused the person to be subject to debarment; the time the act occurred; whether and to what extent the person cooperated with authorities in their investigation of the matters; the conditions under which the person cooperated; and the conduct of the person since the act occurred. Upon making its determination under subsection (a) of this section, the Board shall notify the person subject to debarment in writing either that: the person is debarred and the period of debarment; or the person is no longer subject to debarment for the act which was the subject of the hearing and determination. Except as provided in § 16-310 of this subtitle, this section does not apply to a person debarred under § 16-202(a) of this title.

A business is debarred from entering into a contract with a public body if the Board debars: an officer, director, controlling shareholder, or partner; or an employee directly involved in the process of obtaining contracts with public bodies. The business is debarred under subsection (a) of this section to the same extent as the person debarred by the Board. A business shall remain debarred under this section: as long as the debarred person remains with the business in any capacity described in subsection (a) of this section; or until the debarment is removed under § 16-310 of this subtitle. The Board shall notify in writing any business that it is debarred under this section.

The Board shall keep a roster of all persons and businesses suspended or debarred under this title. The roster is a public record.

If a person or business is debarred or suspended based on an offense listed in § 16-202 of this title, the person or business may not be considered for the award of, be awarded, or perform, directly or indirectly, a contract with a public body during the time period of debarment or suspension. If a person or business is debarred or suspended based on an offense listed in § 16-203 of this title, the person or business may not be considered for the award of, be awarded, or perform, directly or indirectly, a contract with the State during the time period of debarment or suspension.

If the conviction that is the basis for a debarment or suspension is reversed or otherwise rendered void, the debarment or suspension terminates automatically. If the federal debarment that is the basis for a State debarment is reversed or otherwise rendered void, the debarment terminates automatically if the person debarred provides to the Board sufficient legal documentation that the federal debarment has been reversed or otherwise rendered void. Any person debarred under § 16-202 of this title may, after a period of 5 years from the date of the debarment, petition the Board for removal of the debarment. Any person debarred under § 16-203(a), (b), or (d) of this title may petition the Board for removal of the debarment, after the expiration of: one-half of the period of debarment; or 5 years. The Board shall consider all petitions received under subsection (b) of this section. Within 90 days after receiving a petition under subsection (b) of this section, the Board shall determine in its discretion whether to conduct a hearing regarding the petition. If the Board decides to conduct a hearing, it shall conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. The Board shall notify the person of its decision whether it will conduct a hearing regarding the petition. In making its determination whether the debarment should be removed, the Board shall conclude whether the integrity of the contracting process and the best interests of the State would be served by continuing the debarment. In making its determination, the Board shall consider relevant factors including those listed in § 16-306(a) of this subtitle. Upon making its determination, the Board shall give written notice to the petitioner that the debarment is removed or continued. The time for any hearing or determination by the Board under this section may be extended by the Board upon a showing of good cause.

Every person, upon submitting a bid proposal or other application for a contract with a public body, shall submit an affidavit stating to its best knowledge whether it or any of its officers, directors, or partners, or any of its employees who are directly involved in obtaining or performing contracts with any public bodies has: been convicted of bribery, attempted bribery, or conspiracy to bribe, under the laws of any state or of the federal government; been convicted under a State or federal law or statute of any offense enumerated in § 16-203 of this title; or been found civilly liable under a State or federal antitrust statute as provided in § 16-203 of this title. The affidavit required by subsection (a) of this section shall also contain the person’s affirmation that it shall not knowingly enter into a contract with a public body under which a person or business debarred or suspended under this subtitle will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction. The requirements of this section are satisfied if the affidavit: incorporates by reference the statements contained in an affidavit filed with the same public body within the previous year pursuant to the requirements of this section; and states that those statements remain accurate.

Debarment proceedings under this subtitle against a person or business subject to debarment under this title may be instituted within 5 years after: a final judgment in a civil or criminal action that constitutes a cause for debarment; an admission, in writing or under oath, of an act or omission that constitutes grounds for a criminal conviction or civil liability that may be a cause for debarment; or the occurrence of any other event that constitutes a cause for debarment. Debarment proceedings under this subtitle against a person or business subject to debarment under this title may be instituted after the period set forth in subsection (a) of this section, only if such proceedings are brought within 1 year of the time when the State discovered, or by the exercise of ordinary diligence should have discovered, the grounds for debarment under this title.