PARRIS N. GLENDENING, Governor                                 Ch. 116

(11) A REQUIREMENT THAT A UNIT VERIFY THAT MINORITY BUSINESS
ENTERPRISES LISTED IN A SUCCESSFUL BID ARE ACTUALLY PARTICIPATING TO THE
EXTENT LISTED IN THE PROJECT FOR WHICH THE BID WAS SUBMITTED;

(12) PROVISIONS ESTABLISHING A GRADUATION PROGRAM. WHICH
SHALL ENSURE THAT A BUSINESS REMAIN CERTIFIED FOR A PERIOD OF TIME MOT
TO EXCEED 7 YEARS BASED ON THE FINANCIAL VIABILITY OF THE MINORITY BUSINESS
ENTERPRISE, USING ANNUAL GROSS RECEIPTS OR OTHER ECONOMIC INDICATORS AS
MAY BE DETERMINED BY THE BOARD; AND

(9) (13) other provisions that the Board considers necessary or appropriate
to encourage participation by minority business enterprises and to protect the integrity of
the procurement process.

(c) The regulations adopted under this section shall specify that a unit may not
allow a business to participate as if it were a certified minority business enterprise if the
business's certification is pending.

14-304.

(a)     In the same manner and with the same fees as provided by law in civil cases,
in a matter regarding the decertification of a certified minority business enterprise, the
certification agency may:

(1)     subpoena witnesses;

(2)     administer oaths; and

(3)     compel the production of records, books, papers, and other documents.

(b)     If a person fails to comply with a subpoena issued under subsection (a) of this
section, or fails to produce documents or other evidence, on petition of the certification
agency, a court of competent jurisdiction may pass an order directing compliance with the
subpoena or compelling the production of documents or other evidence.

14-305.

(a) (1) Within 90 days after the end of the fiscal year, each [designated] unit
shall report to the Governor's Office of Minority Affairs.

(2) A report under this subsection shall for the preceding fiscal year:

(i) state the total number and value of procurement contracts
between the [designated] unit and certified minority business enterprises, by specific
category of minority business enterprise;

(ii) indicate the percentage that those procurement contracts
represent, by specific category of minority business enterprise, of the total number and
value of procurement contracts; and

(iii) contain other such information as required by the Governor's
Office of Minority Affairs and approved by the Board.

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