2674

LAWS OF MARYLAND

Ch. 775

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 committed
after July l, 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 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] SECTION may, after a period of [five] 5
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