Md. Code Regs. 05.01.05.06

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.01.05.06 - Suspension and Debarment Procedures

A. When grounds for suspension or debarment as described in Regulation .05 exist, the Secretary shall notify the person by personal delivery or in writing by certified mail, return receipt requested, that suspension or debarment is under consideration and the basis for suspension or debarment. The person may be suspended pending the outcome of an administration review proceeding, in which case the notice shall so state, and suspension shall be effective upon mailing or personal delivery.

B. The person may request an administrative review proceeding by notifying the Secretary in writing within 15 days from the date of receipt of the notice.

C. If no administrative review proceeding is requested, the opportunity for review shall be considered to be waived and the Secretary shall determine whether to suspend or debar the person based on all information germane to the issue and available to the Secretary. The person shall be notified of the decision in writing by certified mail, return receipt requested.

D. If an administrative review proceeding is requested, the Secretary shall conduct the proceeding within 30 days from the receipt of the person's request. The time for conducting the review may be extended up to 30 days upon written request to the Secretary or by the Secretary with notice to all parties.

E. The person may be represented by counsel at the administrative review proceeding and may present any evidence or argument relevant to the proposed suspension or debarment. If counsel is to be present, the person shall notify the Secretary at least 5 days before the scheduled review proceeding date. The Secretary may request other persons to present evidence or argument as the Secretary may request.

F. The Secretary may solicit information from any source which is relevant to the proposed suspension or debarment and shall consider all of the facts and circumstances upon which the request for suspension or debarment is based, including but not limited to:

(1) The nature of the acts involved;

(2) The duration of the person's involvement in the acts;

(3) The extent of the damage caused to the State by the person's acts;

(4) Whether and to what extent the person subsequently cooperated with the appropriate authorities;

(5) The conditions under which the person cooperated;

(6) The degree to which the person made restitution; and

(7) The time when the acts occurred and the conduct of the person since that time.

G. The Secretary shall conclude whether the best interests of the Department or the State would be served by suspending or debarring the person and shall, within 30 days after the administrative review proceeding, or, if there is no review proceeding as provided in § D, notify the person in writing that the person either is:

(1) Suspended, and the period of suspension;

(2) Debarred, and the period of debarment; or

(3) Not subject to debarment or suspension for the acts which were the subject of the administrative review proceeding, and that the person's suspension pending the outcome of the review proceeding, if suspended, has been rescinded as of the date of the Secretary's decision.

H. If the sole basis for a suspension or debarment under this chapter is a conviction described in Regulation .05A(4) and that conviction is subsequently overturned, then the suspension or debarment shall terminate automatically without any further proceedings being required under this chapter.

I. A person debarred under this chapter may request the Secretary to shorten or terminate the person's debarment. This request may not be made until after 1 year from the date of debarment, and not more than one request for reconsideration may be made during the term of debarment.

J. Within 30 days after receipt of a request for reconsideration of debarment, or at the initiation of the Secretary, the Secretary shall conduct a review to determine whether the debarment should be shortened or terminated. The time for the review and determination may be extended by the Secretary for good cause shown.

K. In making a determination upon a request for reconsideration, the Secretary may solicit information from any source which is relevant to the reconsideration request and shall consider the facts set forth in § F and any change in circumstances which has occurred since the debarment. Upon making this determination, the Secretary shall notify the debarred party in writing either that the debarment has been shortened or terminated or shall continue for the original term.

Md. Code Regs. 05.01.05.06