1. A. If the Board receives information pursuant to State Finance and Procurement Article, §16-302, Annotated Code of Maryland, or otherwise is advised of information reasonably believed to constitute possible grounds for debarment of a person, the Board shall refer that information to the Attorney General.

2. B. If the Attorney General receives information from the Board or otherwise that the Attorney General believes constitutes possible grounds for debarment of a person, the Attorney General shall investigate the information. If the Attorney General determines that a reasonable basis for the initiation of debarment proceedings exists, the Attorney General may institute debarment proceedings by filing an administrative complaint with the Board setting out:

   1. (1) The name of the person or persons to be debarred;
   2. (2) The conduct for which the person or persons should be debarred;
   3. (3) The grounds for debarment.
3. C. The Attorney General shall send copies of the administrative complaint by certified mail to each person who is the subject of the complaint. The Attorney General shall also send copies to the Secretaries of Budget and Management, General Services, Public Safety and Correctional Services, Transportation, and the Chancellor of the University System of Maryland, each of whom may provide written comments to the Board including but not limited to whether the initiation of debarment or suspension of the person, or both, would preserve the integrity of the procurement process and be in the best interest of the State.

Authority: State Finance and Procurement Article, §§11-205.1, 12-101, and 16-101—16-312; State Government Article, §§10-201—10-217; Annotated Code of Maryland

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

Regulation .01 amended effective January 9, 1989 (15:27 Md. R. 3138)

Regulation .01 repealed and new Regulations .01—.07 adopted under a new chapter, COMAR 21.08.03 Debarment, effective August 2, 1993 (20:15 Md. R. 1221)

Regulation .03A amended effective October 2, 2000 (27:19 Md. R. 1731); March 13, 2006 (33:5 Md. R. 523); March 12, 2007 (34:5 Md. R. 562)

Regulation .03C amended effective September 18, 2023 (50:18 Md. R. 800)

Regulation .05B, C amended effective October 2, 2000 (27:19 Md. R. 1731)

Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1731)