Ch. 48

LAWS OF MARYLAND

16-104. CAUSES FOR DEBARMENT — LIST.

(A)  "CONTROLLING STOCKHOLDER" DEFINED.

IN THIS SECTION, "CONTROLLING STOCKHOLDER" MEANS A
STOCKHOLDER WHO:

(1)  OWNS MORE THAN 25% OF THE VOTING STOCK OF A
CORPORATION; OR

(2)  NOTWITHSTANDING THE NUMBER OF SHARES THAT THE
STOCKHOLDER OWNS, HAS THE POWER TO DIRECT OR CONTROL THE
DIRECTION OF THE MANAGEMENT OR POLICIES OF A CORPORATION.

(B)  CAUSES — JUDGMENTS.

A PERSON IS SUBJECT TO DEBARMENT UNDER THIS SUBTITLE IF :

(1) THE PERSON, AN OFFICER, PARTNER, CONTROLLING
STOCKHOLDER, OR PRINCIPAL OF THAT PERSON, OR ANY OTHER PERSON
SUBSTANTIALLY INVOLVED IN THAT PERSON'S CONTRACTING ACTIVITIES:

(I) (1) HAS BEEN CONVICTED, UNDER A STATE OR
FEDERAL STATUTE, FOR:

1. (I) A CRIMINAL OFFENSE INCIDENT TO
OBTAINING, ATTEMPTING TO OBTAIN, OR PERFORMING A PUBLIC OR
PRIVATE CONTRACT; OR

2. (II) FRAUD, FORGERY, FALSIFICATION OR
DESTRUCTION OF RECORDS, OR ANY OFFENSE THAT CONSTITUTES THEFT
UNDER ARTICLE 27, § 341 OF THE CODE;

(II) (2) HAS BEEN CONVICTED OF A CRIMINAL
VIOLATION OF A STATE OR FEDERAL ANTITRUST STATUTE;

(III) (3) HAS BEEN CONVICTED, UNDER THE
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT OR MAIL FRAUD
ACT, FOR ACTS IN CONNECTION WITH THE SUBMISSION OF BIDS OR
PROPOSALS FOR A PUBLIC OR PRIVATE CONTRACT;

(IV) (4) HAS BEEN CONVICTED OF CONSPIRACY TO
COMMIT AN ACT OR OMISSION THAT CONSTITUTES GROUNDS FOR CONVICTION
UNDER ANY STATUTE DESCRIBED IN SUBITEM (I), (II), OR (III) OF
THIS ITEM; OR

(V) (5) HAS BEEN FOUND CIVILLY LIABLE, UNDER A
STATE OR FEDERAL ANTITRUST STATUTE, FOR ACTS OR OMISSIONS IN
CONNECTION WITH THE SUBMISSION OF BIDS OR PROPOSALS FOR A PUBLIC
OR PRIVATE CONTRACT;OR.

(VI) (C) SAME — ADMISSIONS.

- 1734 -