§ 16-303

Maryland § 16-303

• Jurisdiction: Maryland
• Article gsf: State Finance and Procurement
• Title: 16

Text

(a) The Attorney General may institute proceedings to debar a person under § 16-202(b) or § 16-203 of this title from:

(1) being considered for the award of, being awarded, or performing a contract with a public body if the Attorney General believes that the person is subject to debarment under § 16-202(b) of this title; or

(2) being considered for the award of, being awarded, or performing a contract with the State if the Attorney General believes that the person is subject to debarment under § 16-203 of this title.

(b) The Attorney General may recommend whether the Board should suspend a person under § 16-305 of this subtitle.

(c) The Attorney General:

(1) shall investigate the matters to be determined by the Board in a hearing under this title;

(2) as a party to any proceeding brought under this title, shall present to the Board the evidence that the Attorney General considers appropriate; and

(3) may recommend:

(i) whether the Board should debar the person; and

(ii) the appropriate time period of the debarment.

(d) (1) If the Attorney General reasonably believes that a person may have information or may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated, which the Attorney General believes is relevant to, or may lead to the discovery of, evidence relevant to the subject matter of an investigation of a possible basis for debarment under this title, the Attorney General, before initiating debarment proceedings or recommending suspension as provided for in this title, may serve on the person a written investigative demand which requires the person to perform any one or more of the following:

(i) to be examined under oath;

(ii) to answer written interrogatories; or

(iii) to produce documentary material and permit inspection and copying of such material.

(2) The demand of the Attorney General shall:

(i) state the grounds for debarment under investigation;

(ii) describe the class of documentary material to be produced under the demand with sufficient specificity to indicate fairly the material demanded;

(iii) contain a copy of the written interrogatories;

(iv) prescribe a reasonable time of not less than 3 days after the demand is served at which time the person must appear to testify, within which time the person must answer the written interrogatories, and within which time the documentary materials must be produced;

(v) specify the place for the taking of testimony and for the production of documentary materials; and

(vi) identify the member of the Office of the Attorney General who will:

1. take testimony;

2. receive the answers to the written interrogatories; and

3. review the documentary material to be made available for inspection and copying.

(3) A petition to extend the time for compliance or to modify or set aside a demand issued under this subsection may be filed at any time before the date specified in the demand in the circuit court of the county of the petitioner’s residence or principal place of business.