HARRY HUGHES, Governor

3409

[13-405.

(a)  For the purpose of this section:

(1)  a reference to the "State" or a "subdivision"
shall include any bicounty or multicounty governmental agency
located within the State; and

(2)  the word "conviction" shall include an accepted
plea of nolo contendere.

(b)  Any person convicted under the provisions of Article 27
of the Annotated Code, of bribery, attempted bribery or
conspiracy to bribe based upon acts committed after July 1, 1977
in furtherance of obtaining a contract with the State or any of
its subdivisions, shall be disqualified from entering into a
contract with the State, or any county or other subdivision of
the State.

(c)  A person not disqualified under the provisions of
subsection (b) who (1) has been convicted under the provisions of
Article 27 of the Annotated Code, of bribery, attempted bribery,
or conspiracy to bribe, (2) during the course of an official
investigation or other proceeding has admitted, in writing or
under oath, acts or omissions which would constitute bribery,
attempted bribery, or conspiracy to bribe under the provisions of
that article, or (3) has been convicted under the laws of another
state or the federal government of bribery, attempted bribery, or
conspiracy to bribe, shall be subject to disqualification,
pursuant to the procedure hereinunder established, from entering
into a contract with the State, or any county or other
subdivision of the State. However, a person is subject to
disqualification only for those acts or omissions committed after
July 1, 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, the Board 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