Regulation .01 General.
Regulation .01 General.LinkCopy Citation
A.
Upon the institution of debarment proceedings under COMAR 21.08.04, and before a final decision on debarment, the Board may suspend a person from:
(1)
Being considered for the award of, being awarded, or performing a contract with a public body if the debarment proceedings are instituted under State Finance and Procurement Article, §16-202, Annotated Code of Maryland, and COMAR 21.08.03.01 or .02; or
(2)
Being considered for the award of, being awarded, or performing a contract with the State if the debarment proceedings are instituted under State Finance and Procurement Article, §16-203, Annotated Code of Maryland, and COMAR 21.08.03.03.
B.
If the Board suspends a person pending a decision on debarment, the person may petition the Board to modify or terminate the suspension. The petition shall be:
(1)
In writing; and
(2)
Received by the Board within 30 days after the person receives notice that it is suspended.
C.
If a suspended person's debarment would cause the debarment of a business under State Finance and Procurement Article, §16-307, Annotated Code of Maryland, and COMAR 21.08.03.04, the Board shall notify the business in writing within a reasonable time:
(1)
That the business is suspended to the same extent that the person is suspended;
(2)
Of the basis for the person's suspension; and
(3)
Of the business' right to petition for modification or termination of the business' suspension.
D.
Hearings.
(1)
If a suspended person or business requests a hearing on its petition to terminate or modify its suspension, the Board, in its discretion, may grant or deny the request.
(2)
If the Board grants the request for a hearing, the Board may delegate the hearing to a hearing officer and in such case shall refer the case to the Office of Administrative Hearings for assignment of a hearing officer.
(3)
A hearing on a petition to modify or terminate a suspension shall be held in accordance with COMAR 21.08.04.06.