HARRY HUGHES, Governor

3405

(2)  "CONTROLLING STOCKHOLDER" MEANS A STOCKHOLDER
WHO:

(I)  HAS THE POWER TO DIRECT OR CAUSE THE
DIRECTION OF THE MANAGEMENT OR POLICIES OF A CORPORATION,
REGARDLESS OF THE NUMBER OF SHARES THE STOCKHOLDER OWNS; OR

(II)  OWNS MORE THAN 25% OF THE VOTING SHARES OF
A CORPORATION.

(3)  "CONVICTION" INCLUDES AN ACCEPTED PLEA OF NOLO
CONTENDERE.

(4)  "PERSON" HAS THE SAME MEANING PROVIDED IN §
11-101 OF THIS ARTICLE.

(5)  "STATE CONTRACT" MEANS A CONTRACT OF ANY KIND
WITH ANY AGENCY, ASSOCIATION, BOARD, BUREAU, COLLEGE, COMMISSION,
COMMITTEE, COUNCIL, FOUNDATION, FUND, DEPARTMENT, INSTITUTE,
INSTITUTION, PUBLIC CORPORATION, SERVICE, TRUST, UNIVERSITY, OR
OTHER UNIT OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, INCLUDING
ANY SUBUNIT.

(B)   EXCEPT AS PROVIDED IN SUBSECTION (C)(2) OF THIS
SECTION, DEBARMENT PROCEEDINGS MAY BE INSTITUTED WITHIN 5 YEARS
OF THE OCCURRENCE OF THE ACT, FINAL JUDGMENT, OR ADMISSION THAT
CONSTITUTES CONSTITUTES GROUNDS FOR DEBARMENT UNDER THIS SECTION.

(C)  (1) AFTER REASONABLE NOTICE TO THE PERSON INVOLVED AND
REASONABLE OPPORTUNITY FOR THAT PERSON TO BE HEARD, THE BOARD OF
PUBLIC WORKS MAY DEBAR A PERSON FOR CAUSE FROM BEING CONSIDERED
FOR THE AWARD OF OR BEING AWARDED A STATE CONTRACT. THE BOARD OF
PUBLIC WORKS MAY SUSPEND A PERSON PENDING A FINAL DEBARMENT
DECISION BY THE BOARD.

(2) A PERSON MAY NOT BE SUSPENDED OR DEBARRED
PURSUANT TO SUBSECTION (E) OF THIS SECTION IF THE ACT FORMING THE
BASIS FOR SUCH SUSPENSION OR DEBARMENT IS AT ISSUE IN ANY CLAIM
OR DISPUTE. FILED PURSUANT TO THE PROVISIONS OF DIVISION II OF
THIS ARTICLE. PENDING BEFORE A STATE AGENCY. THE BOARD OF
CONTRACT APPEALS. OR IN ANY COURT OF COMPETENT JURISDICTION. BUT
THE 5-YEAR PERIOD PROVIDED BY SUBSECTION (B) OF THIS SECTION
SHALL RUN FROM THE DATE OF FINAL DISPOSITION OF THAT CLAIM OR
DISPUTE.

(D)  A PERSON MAY BE DEBARRED UNDER THIS SECTION IF THAT
PERSON OR ANY OF ITS OFFICERS, PARTNERS, CONTROLLING
STOCKHOLDERS, PRINCIPALS, OR OTHER PERSON SUBSTANTIALLY INVOLVED
IN ITS CONTRACTING ACTIVITIES HAS:

(1) BEEN CONVICTED UNDER A STATE OR FEDERAL STATUTE
OF A CRIMINAL OFFENSE INCIDENT TO OBTAINING, ATTEMPTING TO
OBTAIN, OR PERFORMING A PUBLIC OR PRIVATE CONTRACT;