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Martin O'Malley, Governor
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Ch. 529
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(i) If the complainant fails to properly request a contested case hearing
regarding a determination of a KNOWINGLY false or frivolous allegation as provided in
this title, the initial findings and recommendations shall become the final
administrative decision of the State in accordance with § 19-112 of this title.
(j) (1) If a timely contested case hearing is not requested, the Commission
may vacate the [Office's] COMMISSION STAFF'S recommended remedy on written
notice to all parties within 5 business days after the time for requesting a contested
case hearing has expired.
(2) In the absence of notice, the Commission shall be deemed to have
approved the [Office's] COMMISSION STAFF'S recommended remedy.
(k) [If the Commission vacates the Office's proposed remedy, the Commission
shall initiate a contested case hearing by filing a request for a contested case hearing
with the Office of Administrative Hearings in compliance with the requirements of
this title.
(1)] To the extent that procedures and standards stated in this title differ
from those contained in Title 10, Subtitle 2 of the State Government Article, this title
shall govern but in all other respects, the provisions of the State Government Article
shall govern.
19-110.
(a) When an allegation is sustained by an administrative law judge under
this title, the administrative law judge may take additional evidence on the
appropriate remedy to be recommended, including evidence relating to factors set
forth in [§ 19-108(f)] § 19-108(E) of this subtitle and any other evidence deemed
relevant by the administrative law judge.
(b) If the administrative law judge sustains an allegation, the administrative
law judge may order any one or more of the following actions:
(1) any remedy that is agreed to by the respondent business entity, the
complainant, and the Commission;
(2) referral of the respondent business entity to the Board of Public
Works for a determination of debarment pursuant to §§ 16-306 and 16-307 of this
article to preclude the business entity from:
(i) bidding on or receiving contract awards on State projects;
and
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- 3439 -
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