WILLIAM DONALD SCHAEFER, Governor                      Ch. 48

Defined terms: "Board" § 11-101

"Person" § 11-101 "Public body" § 16-201

16-205. HEARING.

(A)  CONDUCT OF HEARING.

IN ACCORDANCE    WITH TITLE 10, SUBTITLE 2 OF THE STATE

GOVERNMENT ARTICLE,     THE BOARD SHALL CONDUCT A HEARING TO

DETERMINE WHETHER    A PERSON SHOULD BE DEBARRED UNDER THIS
SUBTITLE.

(B)  TIME FOR HEARING.

(1)  SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE
BOARD SHALL CONDUCT A HEARING WITHIN 90 DAYS AFTER RECEIVING A
REQUEST FOR A HEARING FROM:

(I)  THE PERSON NOTIFIED UNDER § 16-204 OF THIS
SUBTITLE; OR

(II)  ANY PERSON WHO BELIEVES THAT THE PERSON
MAY BE SUBJECT TO DEBARMENT.

(2)  FOR GOOD CAUSE, THE BOARD MAY EXTEND THE TIME FOR
A HEARING.

(C)  INVESTIGATION BY ATTORNEY GENERAL.
THE ATTORNEY GENERAL SHALL:

(1)  INVESTIGATE THE MATTERS TO BE DETERMINED BY THE
BOARD IN A HEARING UNDER THIS SECTION; AND

(2)  AS A PARTY TO THE PROCEEDINGS, PRESENT TO THE
BOARD THE EVIDENCE THAT THE ATTORNEY GENERAL CONSIDERS
APPROPRIATE.

(D)  FACTORS.

IN MAKING A DETERMINATION, THE BOARD SHALL:

(1) CONSIDER ALL OF THE FACTS AND CIRCUMSTANCES
RELEVANT TO THE ACT THAT CAUSED THE PERSON TO BE SUBJECT TO
DEBARMENT INCLUDING:

(I)  THE NATURE OF THE ACT;

(II)  THE TIME IT OCCURRED;

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