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ROBERT L. EHRLICH, JR., Governor Ch. 283
(2) IN THE ABSENCE OF NOTICE, THE ATTORNEY GENERAL COMMISSION
SHALL BE DEEMED TO HAVE APPROVED THE OFFICE'S RECOMMENDED REMEDY.
(M) (K) IF THE ATTORNEY GENERAL COMMISSION VACATES THE OFFICE'S
PROPOSED REMEDY, THE ATTORNEY GENERAL COMMISSION SHALL INITIATE A
CONTESTED CASE HEARING BY FILING A REQUEST FOR A CONTESTED CASE
HEARING WITH THE OFFICE OF ADMINISTRATIVE HEARINGS IN COMPLIANCE WITH
THE REQUIREMENTS OF THIS TITLE.
(N) THE SCOPE OF THE CONTESTED CASE HEARING PROVIDED UNDER THIS
POLICY SHALL BE LIMITED TO WHETHER THIS TITLE HAS BEEN PROPERLY APPLIED,
AND ANY CHALLENGES TO THE LEGALITY OF THE TITLE ITSELF MUST BE BROUGHT
IN A COURT OF COMPETENT JURISDICTION.
(O) (L) TO THE EXTENT THAT PROCEDURES AND STANDARDS STATED IN
THIS TITLE DIFFER FROM THOSE CONTAINED IN TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE, THIS TITLE SHALL GOVERN BUT IN ALL OTHER RESPECTS,
THE PROVISIONS OF THE STATE GOVERNMENT ARTICLE SHALL GOVERN.
19-110.
(A) WHEN AN ALLEGATION IS SUSTAINED BY AN ADMINISTRATIVE LAW
JUDGE UNDER THIS TITLE, THE ADMINISTRATIVE LAW JUDGE MAY TAKE
ADDITIONAL EVIDENCE ON THE APPROPRIATE REMEDY TO BE RECOMMENDED,
INCLUDING EVIDENCE RELATING TO FACTORS SET FORTH IN § 19-108(F) OF THIS
SUBTITLE AND ANY OTHER EVIDENCE DEEMED RELEVANT BY THE ADMINISTRATIVE
LAW JUDGE.
(B) IF THE ADMINISTRATIVE LAW JUDGE SUSTAINS AN ALLEGATION, THE
ADMINISTRATIVE LAW JUDGE SHALL MAY ORDER ANY ONE OR MORE OF THE
FOLLOWING ACTIONS:
(1) ANY REMEDY THAT IS AGREED TO BY THE RESPONDENT BUSINESS
ENTITY, THE COMPLAINANT, AND THE ATTORNEY GENERAL COMMISSION;,
PROVIDED THAT, IF THE COMPLAINANT OBJECTS TO THE REMEDY AGREED TO BY
THE RESPONDENT BUSINESS ENTITY AND THE ATTORNEY GENERAL, THE REMEDY
MAY BE CONSIDERED AS APPROVED BY THE STATE ONLY IF THE ATTORNEY
GENERAL APPROVES THE REMEDY AFTER AFFORDING THE COMPLAINANT AN
OPPORTUNITY TO ADDRESS THE ATTORNEY GENERAL ORALLY OR IN WRITING
REGARDING THE MERITS OR LACK OF MERIT OF THE PROPOSED REMEDY;
(2) REFERRAL OF THE RESPONDENT BUSINESS ENTITY TO THE BOARD
OF PUBLIC WORKS FOR A DETERMINATION OF DEBARMENT PURSUANT TO §§ 16-306
AND 16-307 OF THIS ARTICLE TO PRECLUDE THE BUSINESS ENTITY FROM:
(I) BIDDING ON OR RECEIVING CONTRACT AWARDS ON STATE
PROJECTS; AND
(II) PARTICIPATING IN STATE CONTRACTS AS A SUBCONTRACTOR,
VENDOR, OR SUPPLIER FOR A PERIOD OF NOT MORE THAN 3 YEARS;
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- 1595 -
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