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Session Laws, 2003
Volume 799, Page 2469   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 353

generally by the community as having such a disability, and whose disability has
substantially limited his or her ability to engage in competitive business; or

6. women - a woman, regardless of race or ethnicity, unless
she is also a member of an ethnic or racial minority group and elects that category in
lieu of the gender category; or

(ii) otherwise found by the certification agency to be a socially and
economically disadvantaged individual.

(2)     There is a rebuttable presumption that an individual who is a
member of a minority group under paragraph (1)(i) of this subsection is socially and
economically disadvantaged.

(3)     (I) [An] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, AN
An individual whose personal net worth exceeds $750,000 may not
be found to be economically disadvantaged.

(II) IF SUBSEQUENT TO CERTIFICATION OF AN ENTITY AS A
MINORITY BUSINE
SS ENTERPRISE; AN INDIVIDUAL WHO CONTROLS AT LEAST 51% OF
THE ENTITY ACCRUES A PERSONAL NET WORTH THAT EXCEEDS $750,000, THE
MINORITY BU
SINESS ENTERPRISE MAY NOT BE DECERTIFIED UNTIL;

1. 3 YEARS AFTER THE INDIVIDUAL ACCRUES A PERSONAL
NET WORTH THAT EXCEEDS $750,000; OR

2. THE EXPIRATION OF THE TERM AND ANY RENEWAL
PERIOD OF ANY CONTRACT TO WHICH THE MINORITY BUSINESS ENTERPRISE I
S A
PARTY.

14-302.

(a) (7) IF, DURING THE PERFORMANCE OF A CONTRACT BY A CONTRACTOR
OR
SUBCONTRACTOR THAT IS A CERTIFIED MINORITY BUSINESS ENTERPRISE, THE
CERTIFIED MINORITY BUSINESS ENTERPRISE BECOMES INELIGIBLE TO
PARTICIPATE IN THE MINORITY BUSINESS ENTERPRISE PROGRAM BECAU
SE THE
OWNER OF THE MINORITY BUSINESS ENTERPRISE EXCEEDS THE PER
SONAL NET
WORTH LIMIT SET FORTH IN § 14-301(I)(3) OF THIS SUBTITLE, THE PARTICIPATION OF
THAT MINORITY BUSINESS ENTERPRISE ON THAT CONTRACT SHALL CONTINUE TO

BE COUNTED TOWARD THE GOALS OF THE CONTRACT AND THE UNIT IF, DURING THE
PERFORMANCE OF A CONTRACT, A CERTIFIED MINORITY BUSINESS ENTERPRISE
CONTRACTOR OR SUBCONTRACTOR BECOMES INELIGIBLE TO PARTICIPATE IN THE
MINORITY BUSINESS ENTERPRISE PROGRAM BECAUSE ONE OR MORE OF ITS
OWNERS HAS A PERSONAL NET WORTH THAT EXCEEDS THE AMOUNT SPECIFIED IN §
14-301(I)(3) OF THIS SUBTITLE:

(I) THAT INELIGIBILITY ALONE MAY NOT CAUSE THE
TERMINATION OF THE CERTIFIED MINORITY BUSINESS ENTERPRISE'S
CONTRACTUAL RELATIONSHIP FOR THE REMAINDER OF THE TERM OF THE
CONTRACT; AND

- 2469 -

 

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Session Laws, 2003
Volume 799, Page 2469   View pdf image
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