WILLIAM DONALD SCHAEFER, Governor Ch. 4 23

ARTICLE, A HEARING CONCERNING A PETITION RECEIVED UNDER PARAGRAPH
(1) OF THIS SUBSECTION.

(3)  IN CONSIDERING A PETITION RECEIVED UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE BOARD SHALL CONCLUDE
WHETHER THE INTEGRITY OF THE CONTRACTING PROCESS AND THE BEST
INTERESTS OF THE STATE WOULD BE SERVED BY CONTINUING, MODIFYING,
OR TERMINATING THE SUSPENSION.

(4)  THE BOARD SHALL GIVE THE PERSON OR BUSINESS
PETITIONING FOR MODIFICATION OR TERMINATION OF A SUSPENSION
WRITTEN NOTICE OF THE BOARD'S DECISION.

16-306.

(A)  IN MAKING A DETERMINATION WHETHER A PERSON SHOULD BE
DEBARRED UNDER § 16-202(B) OR § 16-203 OF THIS TITLE, THE BOARD
SHALL CONCLUDE WHETHER THE INTEGRITY OF THE CONTRACTING PROCESS
AND THE BEST INTERESTS OF THE STATE WOULD BE SERVED BY DEBARRING
THE PERSON FROM ENTERING INTO CONTRACTS WITH THE APPLICABLE
PUBLIC BODIES. IN MAKING ITS DETERMINATION, THE BOARD SHALL
CONSIDER RELEVANT FACTORS, INCLUDING:

(1)  THE NATURE AND SERIOUSNESS OF THE ACT THAT CAUSED
THE PERSON TO BE SUBJECT TO DEBARMENT;

(2)  THE TIME THE ACT OCCURRED;

(3)  WHETHER AND TO WHAT EXTENT THE PERSON COOPERATED
WITH AUTHORITIES IN THEIR INVESTIGATION OF THE MATTERS;

(4)  THE CONDITIONS UNDER WHICH THE PERSON COOPERATED;
AND

(5)  THE CONDUCT OF THE PERSON SINCE THE ACT OCCURRED.

(B)  UPON MAKING ITS DETERMINATION UNDER SUBSECTION (A) OF
THIS SECTION, THE BOARD SHALL NOTIFY THE PERSON SUBJECT TO
DEBARMENT IN WRITING EITHER THAT:

(1)  THE PERSON IS DEBARRED AND THE PERIOD OF
DEBARMENT; OR

(2)  THE PERSON IS NO LONGER SUBJECT TO DEBARMENT FOR
THE ACT WHICH WAS THE SUBJECT OF THE HEARING AND DETERMINATION.

(C)  EXCEPT AS PROVIDED IN § 16-310 OF THIS SUBTITLE, THIS
SECTION DOES NOT APPLY TO A PERSON DEBARRED UNDER § 16-202(A) OF
THIS TITLE.

16-307.

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