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MARVIN MANDEL, Governor 3539
AND THE BEST INTERESTS OF THE STATE WOULD BE SERVED BY
DISQUALIFYING THE PERSON FROM ENTERING INTO CONTRACTS
WITH GOVERNMENTAL ENTITIES WITHIN THE STATE. UPON MAKING
ITS DETERMINATION, THE BOARD SHALL NOTIFY THE PERSON
SUBJECT TO DISQUALIFICATION IN WRITING EITHER THAT (I)
HE IS DISQUALIFIED OR (II) HE IS NO LONGER SUBJECT TO
DISQUALIFICATION FOR THE ACTS WHICH WERE THE SUBJECT OF
THE HEARING AND DETERMINATION.
(F) (1) ANY PERSON DISQUALIFIED UNDER THE
PROVISIONS OF THIS SUBTITLE MAY, AFTER A PERIOD OF FIVE
YEARS FROM THE DATE OF HIS DISQUALIFICATION, PETITION THE
BOARD FOR REMOVAL OF HIS DISQUALIFICATION. WITHIN 90
DAYS AFTER RECEIPT OF SUCH A PETITION, THE BOARD OR A
HEARING EXAMINER APPOINTED BY THE BOARD SHALL CONDUCT A
HEARING AND THE BOARD SHALL DETERMINE WHETHER THE
PERSON'S DISQUALIFICATION SHOULD BE REMOVED. THE TIME
FOR HEARING AND DETERMINATION MAY BE EXTENDED BY THE
BOARD FOR GOOD CAUSE SHOWN. IN MAKING ITS DETERMINATION,
THE BOARD SHALL CONSIDER THE FACTORS SET FORTH IN
SUBSECTION (E) AND CONCLUDE WHETHER OR NOT THE INTEGRITY
OF THE CONTRACTING PROCESS AND THE BEST INTERESTS OF THE
STATE WOULD BE SERVED BY CONTINUING THE PERSON'S
DISQUALIFICATION. UPON MAKING ITS DETERMINATION, THE
BOARD SHALL NOTIFY THE PETITIONER IN WRITING EITHER THAT
(I) HIS DISQUALIFICATION HAS BEEN REMOVED OR (II) HIS
DISQUALIFICATION HAS BEEN CONTINUED.
(2) IF THE CONVICTION FORMING THE BASIS FOR
DISQUALIFICATION OF ANY PERSON UNDER SUBSECTION (B) OR
(E) IS REVERSED OR OTHERWISE RENDERED VOID, THAT PERSON'S
DISQUALIFICATION SHALL AUTOMATICALLY TERMINATE.
(G) THE ATTORNEY GENERAL SHALL CONDUCT AN
INVESTIGATION OF THE MATTERS TO BE DETERMINED BY THE
BOARD IN ANY HEARING UNDER THIS SECTION AND SHALL PRESENT
TO THE BOARD, AS A PARTY TO THE PROCEEDINGS, SUCH
EVIDENCE AS HE DEEMS APPROPRIATE. HEARINGS UNDER THIS
SECTION SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE 41
SUBTITLE 24, THE ADMINISTRATIVE PROCEDURE ACT, AND ANY
PARTY AGGRIEVED BY A DECISION OF THE BOARD IS ENTITLED TO
JUDICIAL REVIEW.
(H) EVERY BUSINESS ENTITY, INCLUDING AN
INDIVIDUAL, UPON SUBMITTING A BID OR OTHERWISE APPLYING
FOR A CONTRACT WITH THE STATE, OR ANY COUNTY OR OTHER
SUBDIVISION OF THE STATE, FOR THE SUPPLY OF GOODS OR
SERVICES BY THE BUSINESS ENTITY SHALL SUBMIT AN AFFIDAVIT
STATING, TO ITS BEST KNOWLEDGE, WHETHER IT OR (1) ANY OF
ITS OFFICERS, DIRECTORS OR PARTNERS, OR (2) ANY OF ITS
EMPLOYEES DIRECTLY INVOLVED IN OBTAINING CONTRACTS WITH
THE STATE, OR ANY COUNTY OR OTHER SUBDIVISION OF THE
STATE, HAS BEEN CONVICTED OF BRIBERY, ATTEMPTED BRIBERY,
OR CONSPIRACY TO BRIBE UNDER THE LAWS OF ANY STATE OR
FEDERAL GOVERNMENT.
(I) ANY BUSINESS ENTITY, INCLUDING AN INDIVIDUAL,
OF WHICH THE PERSON DISQUALIFIED UNDER SUBSECTION (B) OR
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