|
|
|
|
|
|
|
|
|
|
|
Ch. 283 2006 LAWS OF MARYLAND.
|
|
|
|
|
|
|
(3) RESCISSION, SUSPENSION, OR TERMINATION OF ANY CURRENT
CONTRACT BETWEEN THE RESPONDENT BUSINESS ENTITY AND THE STATE UNDER
THE TERMS OF THAT CONTRACT;
(4) EXERCISE OF ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO THE
STATE UNDER ANY CURRENT CONTRACT BETWEEN THE RESPONDENT BUSINESS
ENTITY AND THE STATE, INCLUDING, BUT NOT LIMITED TO, LIQUIDATED DAMAGES;
(5) FINDING THAT THE RESPONDENT BUSINESS ENTITY IS NOT A
"RESPONSIBLE BIDDER" WITHIN THE MEANING OF THIS ARTICLE WITH RESPECT TO
SPECIFIC CONTRACTS THAT THE STATE HAS PUT OUT FOR BIDS OR INTENDS TO PUT
OUT FOR BIDS; OR
(6) REFERRAL OF THE MATTER FOR CRIMINAL PROSECUTION OF FRAUD
AND OTHER VIOLATIONS UNDER STATE LAW IF APPROPRIATE UNDER THE
CIRCUMSTANCES: OR
(7) MEDIATION.
19-111.
(A) IF THE ATTORNEY GENERAL COMMISSION DETERMINES THAT ONE OR
MORE ALLEGATIONS OF A COMPLAINT FILED UNDER THIS TITLE ARE FALSE AND
THAT THE COMPLAINANT KNEW THEM TO BE FALSE WHEN FILED, OR THAT ONE OR
MORE OF THE ALLEGATIONS OF A COMPLAINT ARE SO FRIVOLOUS THAT THEY ARE
WHOLLY AND WITHOUT MERIT, THE ATTORNEY GENERAL COMMISSION MAY REFUSE
TO REVIEW OR INVESTIGATE ANY SUBSEQUENT COMPLAINT FILED BY THAT
COMPLAINANT FOR A PERIOD OF UP TO 3 YEARS.
(B) WHEN THE TOTALITY OF THE EVIDENCE CLEARLY WARRANTS
EXTRAORDINARY ACTION TO DETER FUTURE ABUSE OF THE PROTECTIONS MADE
AVAILABLE UNDER THIS TITLE, THE ATTORNEY GENERAL COMMISSION MAY ALSO
RECOMMEND TO THE ADMINISTRATIVE LAW JUDGE:
(1) THAT MONETARY SANCTIONS BE IMPOSED AGAINST THE
COMPLAINANT IN THE AMOUNT OF THE COSTS INCURRED BY THE STATE AND THE
BUSINESS ENTITY IN THE INVESTIGATION AND REVIEW OF THE FALSE OR
FRIVOLOUS COMPLAINT, INCLUDING REASONABLE ATTORNEYS' FEES; AND
(2) THAT THE COMPLAINANT BE DISQUALIFIED FROM BIDDING AND
CONTRACT AWARDS ON STATE PROJECTS FOR A PERIOD OF NOT MORE THAN 3
YEARS.
19-112.
(A) ABSENT A REQUEST FOR A CONTESTED CASE HEARING, THE ATTORNEY
GENERAL'S COMMISSION'S FINDINGS AND RECOMMENDATIONS SHALL BECOME THE
FINAL ADMINISTRATIVE DECISION OF THE STATE, SUBJECT TO SUCH JUDICIAL
REVIEW AS IS PROVIDED FOR IN A CONTESTED CASE UNDER § 10-222 OF THE STATE
GOVERNMENT ARTICLE.
(B) IN CASES WHERE A CONTESTED CASE HEARING HAS BEEN REQUESTED,
THE ADMINISTRATIVE LAW JUDGE'S WRITTEN DECISION SHALL BECOME THE FINAL
- 1596 -
|
|
|
|
|
|
|
|
|
|
|
|
|
![clear space](../../../images/clear.gif) |