# COMAR Title 21 — State Procurement Regulations

## Subtitle 08 — Suspension and Debarment

### Chapter 02 — Suspension

#### Regulation .01 General.

*COMAR 21.08.02.01*

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.