1. A. Upon the institution of debarment proceedings under COMAR 21.08.04, and before a final decision on debarment, the Board may suspend a person from:

   1. (1) Being considered for the award of, being awarded, or performing a contract with a public body if the debarment proceedings are instituted under State Finance and Procurement Article, §16-202, Annotated Code of Maryland, and COMAR 21.08.03.01 or .02; or
   2. (2) Being considered for the award of, being awarded, or performing a contract with the State if the debarment proceedings are instituted under State Finance and Procurement Article, §16-203, Annotated Code of Maryland, and COMAR 21.08.03.03.

2. B. If the Board suspends a person pending a decision on debarment, the person may petition the Board to modify or terminate the suspension. The petition shall be:

   1. (1) In writing; and
   2. (2) Received by the Board within 30 days after the person receives notice that it is suspended.

3. C. If a suspended person's debarment would cause the debarment of a business under State Finance and Procurement Article, §16-307, Annotated Code of Maryland, and COMAR 21.08.03.04, the Board shall notify the business in writing within a reasonable time:

   1. (1) That the business is suspended to the same extent that the person is suspended;
   2. (2) Of the basis for the person's suspension; and
   3. (3) Of the business' right to petition for modification or termination of the business' suspension.

4. D. Hearings.

   1. (1) If a suspended person or business requests a hearing on its petition to terminate or modify its suspension, the Board, in its discretion, may grant or deny the request.
   2. (2) If the Board grants the request for a hearing, the Board may delegate the hearing to a hearing officer and in such case shall refer the case to the Office of Administrative Hearings for assignment of a hearing officer.
   3. (3) A hearing on a petition to modify or terminate a suspension shall be held in accordance with COMAR 21.08.04.06.

Authority: State Finance and Procurement Article, §§12-101 and 16-101—16-312, Annotated Code of Maryland

Effective date: July 1, 1981 (8:13 Md. R. II-5)

Regulations .02A and .03A amended as an emergency provision effective July 1, 1982 (9:15 Md. R. 1508); emergency status extended at 9:16 Md. R. 1601,

9:17 Md. R. 1698, 9:20 Md. R. 1979; adopted permanently effective October 12, 1982 (9:20 Md. R. 1982)

Chapter repealed effective January 9, 1989 (15:27 Md. R. 3138)

Regulations .01—.03 adopted effective August 2, 1993 (20:15 Md. R. 1221)