§ 16-304. Debarment procedure  


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  •    (a) Notice; opportunity to be heard. -- The Board shall notify a person that the person is debarred under § 16-202(a) of this title, and shall give reasonable opportunity for that person to be heard on whether the stated basis for debarment exists.

    (b) Institution of proceedings. --

       (1) The Attorney General may institute proceedings to debar a person under § 16-202(b) or § 16-203 of this title by filing an administrative complaint with the Board.

       (2) The Board shall notify the person that debarment proceedings have been initiated and that the person has a right to a hearing.

    (c) Hearing. -- Before being debarred, a person subject to debarment under § 16-202(b) or § 16-203 of this title is entitled to a hearing before the Board. The Board shall conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

    (d) Notice by unit of public body. -- When a unit contracting for a public body is notified that a person who has applied for a contract is subject to debarment under this title, the unit shall notify the person in writing that:

       (1) the application may be disqualified; and

       (2) the person has a right to a hearing before the Board.

    (e) Effect of failure to request hearing. -- Unless a person notified by the Board pursuant to this section submits a request to the Board for a hearing within 30 days after receiving such notice, the person:

       (1) waives the right to a hearing; and

       (2) is debarred.


HISTORY: 1989, ch. 423, § 2; 1999, ch. 302.