Plain Text Law

Chapter 02. Suspension

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Regulation .01 General.Copy Citation

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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.

Regulation .02 Suspension of Businesses by Operation of Law.Copy Citation

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A.
A business is suspended to the same extent that a person is suspended if the person is:
(1)
An officer, director, controlling shareholder, or partner of the business; or
(2)
An employee of the business directly involved in the process of obtaining contracts with the State or public bodies.
B.
Suspension under this regulation shall terminate if the business establishes to the satisfaction of the Board that the person no longer is associated with the business in any of the capacities described in §A of this regulation.
C.
If the business has been suspended under this regulation and wishes to establish that the business is entitled to termination of its suspension, the business shall notify the Board by certified mail that the person is no longer associated with the business in any of the capacities described in §A of this regulation. The Board may request that the Attorney General investigate the person's status with the business pursuant to State Finance and Procurement Article, §16-303, Annotated Code of Maryland, and make a recommendation to the Board.
D.
If a business requests a hearing to establish the business' right to termination of its suspension, a hearing shall be held in accordance with COMAR 21.08.04.02 and a final decision issued in accordance with COMAR 21.08.04.03.

Regulation .03 Scope of Sanctions.Copy Citation

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A.
At the time of suspension the Board may:
(1)
Exercise or direct the exercise of the State's right to terminate any existing State contract with the person; or
(2)
Prohibit any modification, extension, or renewal of any existing State contract with the person.
B.
In determining the scope or period of a person's suspension, the Board may impose such conditions on the person's State contract related activities as the Board considers appropriate, including, for example, appropriate monitoring of the person's future contracting activities with the State.
Chapter annotations
Authority: State Finance and Procurement Article, §§12-101 and 16-101—16-312, Annotated Code of Maryland
History: Effective date: July 1, 1981 (8:13 Md. R. II-5)
History: Regulations .02A and .03A amended as an emergency provision effective July 1, 1982 (9:15 Md. R. 1508); emergency status extended at 9:16 Md. R. 1601,
History: 9:17 Md. R. 1698, 9:20 Md. R. 1979; adopted permanently effective October 12, 1982 (9:20 Md. R. 1982)
History: Chapter repealed effective January 9, 1989 (15:27 Md. R. 3138)
History: Regulations .01—.03 adopted effective August 2, 1993 (20:15 Md. R. 1221)