Md. Code Regs. 21.08.02.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 21.08.02.01 - General

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 21.08.03.01B 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 21.08.03.03B.

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 21.08.03.04B, 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 21.08.04.06B.

Md. Code Regs. 21.08.02.01

Regulations .01 adopted effective August 2, 1993 (20:15 Md. R. 1221)