Ch. 523                                    2004 LAWS OF MARYLAND

16-310.

(a)     If the conviction that is the basis for a debarment or suspension is reversed
or otherwise rendered void, the debarment or suspension terminates automatically.

(b)     (1) Any person debarred under § 16-202 of this title may, after a period
of 5 years from the date of the debarment, petition the Board for removal of the
debarment.

(2) Any person debarred under § 16-203 of this title may petition the
Board for removal of the debarment, after the expiration of:

(i) one-half of the period of debarment; or

(ii) 5 years.

(c)      (1) The Board shall consider all petitions received under subsection (b) of
this section.

(2)     Within 90 days after receiving a petition under subsection (b) of this
section, the Board shall determine in its discretion whether to conduct a hearing
regarding the petition. If the Board decides to conduct a hearing, it shall conduct the
hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(3)     The Board shall notify the person of its decision whether it will
conduct a hearing regarding the petition.

(d)     In making its determination whether the debarment should be removed,
the Board shall conclude whether the integrity of the contracting process and the best
interests of the State would be served by continuing the debarment. In making its
determination, the Board shall consider relevant factors including those listed in §
16-306(a) of this subtitle.

(e)     Upon making its determination, the Board shall give written notice to the
petitioner that the debarment is removed or continued.

(f)      The time for any hearing or determination by the Board under this section
may be extended by the Board upon a showing of good cause.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

Approved May 26, 2004.

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