HARRY HUGHES, Governor

3413

(A)  UPON NOTIFICATION THAT A PERSON SUBJECT TO
DISQUALIFICATION PURSUANT TO § 12-102(B) OF THIS SUBTITLE HAS
SUBMITTED A BID OR OTHERWISE APPLIED FOR A CONTRACT WITH THE
STATE OR ANY OF ITS SUBDIVISIONS, THE BOARD OF PUBLIC WORKS OR
ANY OTHER STATE OR SUBDIVISION CONTRACTING AGENCY INVOLVED IN
THAT PROCUREMENT SHALL NOTIFY THE PERSON IN WRITING THAT:

(1)  THE BID OR APPLICATION MAY BE DISQUALIFIED; AND

(2)  THE PERSON MAKING THE BID OR APPLICATION HAS A
RIGHT TO A HEARING BEFORE THE PERSON MAY BE DISQUALIFIED.

(B)  UNLESS THE PERSON SUBMITS A REQUEST FOR A HEARING TO
THE BOARD WITHIN 30 DAYS OF THE RECEIPT OF THE NOTICE OF POSSIBLE
DISQUALIFICATION ISSUED UNDER SUBSECTION (A) OF THIS SECTION, THE
PERSON IS DEEMED TO HAVE WAIVED THE RIGHT TO A HEARING AND IS
DISQUALIFIED.

12-104. DEBARMENT HEARING.

(A)  (1) WITHIN 90 DAYS AFTER RECEIPT OF A REQUEST FOR A
HEARING FROM A PERSON NOTIFIED PURSUANT TO § 12-103 OF THIS
SUBTITLE, OR FROM ANY PERSON WHO BELIEVES THE PERSON MAY BE
SUBJECT TO DISQUALIFICATION, THE BOARD SHALL CONDUCT A HEARING
AND, PURSUANT TO PARAGRAPH (2) OF THIS SUBSECTION, DETERMINE
WHETHER THE PERSON SHOULD BE DISQUALIFIED.

(2) IN MAKING ITS DETERMINATION, THE BOARD SHALL:

(I)  CONSIDER ALL OF THE FACTS AND 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 THE PERSON SUBSEQUENTLY
COOPERATED WITH THE APPROPRIATE AUTHORITIES IN THEIR
INVESTIGATION OF THE MATTER, THE CONDITIONS UNDER WHICH THE
PERSON COOPERATED, AND THE TIME WHEN THE ACTS OCCURRED;

(II)  CONSIDER THE CONDUCT OF THE PERSON SINCE
THE ACTS WERE PERFORMED; AND

(III)  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.

(B)  UPON MAKING ITS DETERMINATION, THE BOARD SHALL NOTIFY
THE PERSON SUBJECT TO DISQUALIFICATION IN WRITING EITHER THAT:

(1)  THE PERSON IS DISQUALIFIED; OR

(2)  THE PERSON IS NO LONGER SUBJECT TO
DISQUALIFICATION FOR THE ACTS WHICH WERE THE SUBJECT OF THE
HEARING AND DETERMINATION.