Md. Code Regs. 21.08.04.06

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

Section 21.08.04.06 - Termination of Suspension or Debarment

A. If a person's suspension or debarment is based upon a conviction that subsequently is reversed or otherwise is rendered void, the suspension or debarment shall terminate automatically.

B. If a person is suspended pending debarment proceedings and the Board determines that an insufficient basis for commencing debarment proceedings exists, the suspension shall terminate automatically.

C. A State debarment based solely on a federal debarment shall terminate automatically if:

(1) The federal debarment that is the basis for the State debarment is reversed or otherwise rendered void; and

(2) The person debarred provides to the Board sufficient legal documentation that the federal debarment has been reversed or otherwise rendered void.

D. A person who has been debarred under State Finance and Procurement Article, § 16-202, Annotated Code of Maryland, and COMAR 21.08.03.01 a or .02, may petition the Board for termination of the debarment at any time after 5 years from the date of debarment.

E. A person who has been debarred under State Finance and Procurement Article, § 16-203, Annotated Code of Maryland, and COMAR 21.08.03.03 a, may petition the Board for termination of the debarment after the expiration of the lesser of one-half the period of debarment or 5 years from the date of debarment.

F. A petition for termination of debarment shall be served on the Board, the Attorney General, the Secretaries of Budget and Management, General Services, Public Safety and Correctional Services, and Transportation, and the Chancellor of the University System of Maryland, each of whom may comment to the Board on the petition.

G. Petition for Termination of Debarment.

(1) Within 90 days after receiving a petition for termination of a debarment, the Board, in its discretion, shall determine whether to conduct a hearing regarding the petition and shall notify the person of the Board's decision.

(2) If the Board decides to conduct a hearing regarding a petition for termination of debarment, it may refer the matter to the Office of Administrative Hearings, which shall appoint a hearing officer to conduct a hearing in accordance with the procedures in Regulations .02 and .03 of this chapter.

(3) If the Board determines not to conduct a hearing regarding a petition for termination of debarment, it shall give written notice by certified mail to the person that the debarment is terminated or is continued.

Md. Code Regs. 21.08.04.06

Regulations .06 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 .06 amended effective January 2, 1983 (9:26 Md. R. 2574)
Regulations .06, Proceedings, adopted effective August 2, 1993 (20:15 Md. R. 1221)
Regulation .06 amended effective March 13, 2006 (33:5 Md. R. 523)