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3538 LAWS OF MARYLAND Ch. 929
UPON ACTS COMMITTED AFTER JULY 1, 1977 IN FURTHERANCE OF
OBTAINING A CONTRACT WITH THE STATE OR ANY OF ITS
SUBDIVISIONS, SHALL BE DISQUALIFIED FROM ENTERING INTO A
CONTRACT WITH THE STATE, OR ANY COUNTY OR OTHER
SUBDIVISION OF THE STATE, FOR THE SUPPLY OF GOODS OR
SERVICES BY THE PERSON.
(C) A PERSON NOT DISQUALIFIED UNDER THE PROVISIONS
Of SUBSECTION (B) WHO (1) HAS BEEN CONVICTED UNDER THE
PROVISIONS OF ARTICLE 21 OF THE ANNOTATED CODE, OF
BRIBERY, ATTEMPTED BRIBERY, OR CONSPIRACY TO BRIBE, (2)
DURING THE COURSE OF AN OFFICIAL INVESTIGATION OR OTHER
PROCEEDING HAS ADMITTED, IN WRITING OR UNDER OATH, ACTS
OR OMISSIONS WHICH WOULD CONSTITUTE BRIBERY, ATTEMPTED
BRIBERY, OR CONSPIRACY TO BRIBE UNDER THE PROVISIONS OF
THAT ARTICLE, OR (3) HAS BEEN CONVICTED UNDER THE LAWS OF
ANOTHER STATE OR THE FEDERAL GOVERNMENT Of BRIBERY,
ATTEMPTED BRIBERY, OR CONSPIRACY TO BRIBE, SHALL BE
SUBJECT TO DISQUALIFICATION, PURSUANT TO THE PROCEDURE
HEREINUNDER ESTABLISHED, FROM ENTERING INTO A CONTRACT
WITH THE STATE, OR ANY COUNTY OR OTHER SUBDIVISION OF THE
STATE, FOR THE SUPPLY OF GOODS OR SERVICES BY THE PERSON.
HOWEVER, A PERSON IS SUBJECT TO DISQUALIFICATION ONLY FOR
THOSE ACTS OR OMISSIONS COMMITTEE AFTER JULY 1, 1977
WHICH CONSTITUTE OR RESULT IN A CONVICTION OF BRIBERY,
ATTEMPTED BRIBERY, OR CONSPIRACY TO BRIBE.
(D) UPON NOTIFICATION THAT A PERSON SUBJECT TO
DISQUALIFICATION PURSUANT TO SUBSECTION (C) HAS SUBMITTED
A BID OR OTHERWISE APPLIED FOR A CONTRACT WITH THE STATE
OR ANY SUBDIVISION THEREOF TO PROVIDE GOODS OR SERVICES,
THE BOARD OF PUBLIC WORKS OR ANY OTHER STATE OR COUNTY
CONTRACTING AGENCY INVOLVED SHALL NOTIFY THAT PERSON IN
WRITING OF HIS POSSIBLE DISQUALIFICATION AND OF HIS RIGHT
TO A HEARING. A PERSON RECEIVING SUCH NOTICE SHALL BE
DEEMED TO HAVE WAIVED HIS RIGHT TO A HEARING AND SHALL BE
DEEMED DISQUALIFIED UNLESS, WITHIN 30 DAYS OF RECEIPT OF
THE NOTICE, HE SUBMITS TO THE BOARD A WRITTEN REQUEST FOR
A HEARING.
(E) WITHIN 90 DAYS AFTER RECEIPT OF A REQUEST FOR
A HEARING FROM A PERSON NOTIFIED PURSUANT TO SUBSECTION
(D) OR FROM ANY PERSON WHO BELIEVES HE MAY BE SUBJECT TO
DISQUALIFICATION, THE BOARD OR A HEARING EXAMINER
APPOINTED BY THE BOARD SHALL CONDUCT A HEARING AND THE
BOARD SHALL DETERMINE WHETHER THE PERSON SHOULD BE
DISQUALIFIED. THE TIME FOR HEARING AND DETERMINATION MAY
BE EXTENDED BY THE BOARD FOR GOOD CAUSE SHOWN. IN MAKING
ITS DETERMINATION THE BOARD SHALL CONSIDER (1) ALL OF THE
FACTS AND CIRCUMSTANCES SURROUNDING THE ACTS RENDERING
THE PERSON SUBJECT TO DISQUALIFICATION INCLUDING, BUT NOT
LIMITED TO, THE NATURE OF THE ACTS INVOLVED, WHETHER AND
TO WHAT EXTENT HE SUBSEQUENTLY COOPERATED WITH THE
APPROPRIATE AUTHORITIES IN THEIR INVESTIGATION OF THE
MATTER, THE CONDITIONS UNDER WHICH HE COOPERATED, AND THE
TIME WHEN THE ACTS OCCURRED, AND (2) THE CONDUCT OF THE
PERSON SINCE THE ACTS WERE PERFORMED, AND CONCLUDE
WHETHER OR NOT THE INTEGRITY OF THE CONTRACTING PROCESS
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