Md. Code Regs. 21.08.04.02

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

Section 21.08.04.02 - Hearings

A. A person who fails to make a timely request for a hearing:

(1) Waives the right to a hearing and to any subsequent appeal; and

(2) Is debarred.

B. If a person subject to debarment proceedings requests a hearing, the Board may refer the case and transmit the record to the Office of Administrative Hearings, which shall appoint an administrative law judge who shall conduct the hearing within a reasonable time after receipt of the record from the Board.

C. If the person has been debarred by operation of law pursuant to State Finance and Procurement Article, § 16-202(a), Annotated Code of Maryland, and COMAR 21.08.03.01 a, or has been suspended pending the outcome of debarment proceedings, the administrative law judge shall provide a hearing within 45 days from the date of the Board's referral of the matter and transmission of the record to the Office of Administrative Hearings unless the person consents to a longer time period.

D. The administrative law judge assigned by the Office of Administrative Hearings shall give notice of the hearing to the person pursuant to State Government Article, § 10-205, Annotated Code of Maryland, and COMAR 23.01.03.03 a.

E. The administrative law judge shall conduct the hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 23.01.03.

F. Evidence.

(1) The Attorney General shall present evidence concerning the basis for debarment and the appropriate duration of debarment and may make a recommendation as to the duration of the proposed debarment.

(2) If the person has been debarred by operation of law pursuant to COMAR 21.08.03.01 a, the person may present evidence in its defense limited solely to whether the stated bases for debarment exist and the appropriate duration of debarment.

(3) If the proposed debarment is based upon the causes enumerated in COMAR 21.08.03.02 a or .03, the person may present evidence on whether the stated bases for debarment exist and on the appropriate duration of debarment. The person may also present evidence in mitigation addressed to the following issues:

(a) The nature and seriousness of the act that caused the person to be subject to debarment;

(b) The time the act occurred;

(c) Whether and to what extent the person cooperated with authorities in their investigation of the matter;

(d) The conditions under which the person cooperated; and

(e) The conduct of the person since the act occurred.

(4) If a business has been debarred by operation of law pursuant to State Finance and Procurement Article, § 16-307, Annotated Code of Maryland, and COMAR 21.08.03.04 a, the business may present evidence in its defense limited solely to whether the debarred person remains associated with the business as an officer, director, controlling shareholder, partner, or employee directly involved in the process of obtaining contracts with public bodies.

Md. Code Regs. 21.08.04.02

Regulations .02 adopted as an emergency provision effective July 28, 1982 (9:17 Md. R. 1701); emergency status extended at 9:20 Md. R. 1980; adopted permanently effective October 25, 1982 (9:21 Md. R. 2107)
Regulations .02, Proceedings, adopted effective August 2, 1993 (20:15 Md. R. 1221)