Md. Code Regs. 21.08.03.04

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

Section 21.08.03.04 - Debarment of Businesses by Operation of Law

A. A business is debarred to the same extent that a person is debarred 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 public bodies.

B. If a business is subject to debarment under this regulation, the Board shall notify the business that it is subject to debarment. Notice shall:

(1) Include a copy of the Board's final decision on debarment of the person associated with the business as an officer, director, controlling shareholder, partner, or employee directly involved in the process of obtaining contracts with public bodies; and

(2) Indicate that the business will be debarred to the same extent as the person as of 30 days from the business' receipt of the notice unless, before that date, the business establishes to the satisfaction of the Board that the debarred person no longer is associated with the business in any of the capacities described in §A of this regulation.

C. The business has a right to request a hearing upon receipt of the notice of debarment. If a hearing is requested:

(1) The hearing shall be held in accordance with COMAR 21.08.04.02 a; and

(2) The Board may stay debarment of the business until a final decision is made by the Board pursuant to COMAR 21.08.04.03 a.

D. Debarment 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.

E. If the business has been debarred under this regulation and wishes to establish that the business is entitled to termination of its debarment, the business shall notify the Board by certified mail that the person is no longer associated with the business in 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.

F. If the business requests a hearing to establish its right to termination of its debarment, the hearing shall be held in accordance with COMAR 21.08.04.02 a and a final decision issued in accordance with COMAR 21.08.04.03 a.

Md. Code Regs. 21.08.03.04

Regulations .04 adopted under a new chapter, COMAR 21.08.03 Debarment, effective August 2, 1993 (20:15 Md. R. 1221)