3410

LAWS OF MARYLAND

Ch. 840

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 section may, after a period of 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 conclude
whether or not the integrity of the contracting process and the
best interests of the State would be served by continuing the
person's disqualification. Upon making its determination, the
Board shall notify the petitioner in writing either that (i) his
disqualification has been removed or (ii) his disqualification
has been continued.

(2) If the conviction forming the basis for
disqualification of any person under subsection (b) or (e) is
reversed or otherwise rendered void, that person's
disqualification shall automatically terminate.

(g)  The Attorney General shall conduct an investigation of
the matters to be determined by the Board in any hearing under
this section and shall present to the Board, as a party to the
proceedings, such evidence as he deems appropriate. Hearings
under this section shall be conducted in accordance with the
Administrative Procedure Act, and any party aggrieved by a
decision of the Board is entitled to judicial review.

(h) (1) Every business entity, including an individual,
upon submitting a bid or otherwise applying for a contract with
the State, or any county or other subdivision of the State, shall
submit an affidavit stating, to its best knowledge, whether it or
any of its officers, directors, or partners, or any of its
employees who are directly involved in obtaining contracts with
the State, or with any county or other subdivision of the State,
has been convicted of bribery, attempted bribery, or conspiracy