Maine Revised Statutes Title 38 Sec. 349-B – Debarment from department contracts
Current as of: 2023 | Check for updates
|
Other versions
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Repeat violation” means a violation of any legal requirement under this Title, or rules adopted under this Title, or of the terms or conditions of a license, permit or order issued by the board or the commissioner when a previous violation of any legal requirement under this Title, or rules adopted under this Title, or of the terms or conditions of a license, permit or order issued by the board or the commissioner was found. [PL 2007, c. 300, §1 (NEW).]
B. “Business” means a corporation, business trust, trust, partnership, limited liability company, association, joint venture, firm, association, organization or any other legal or commercial entity. [PL 2009, c. 360, §1 (NEW).]
C. “Direct financial interest” means ownership or part ownership of a business, including lands, stocks, bonds, debentures, warrants, partnership shares or other holdings, and also means any other arrangement where the individual may benefit from that individual’s holding in or salary from that business. “Direct financial interest” includes employment, pensions, creditor relationships, real property and other financial relationships. [PL 2009, c. 360, §2 (NEW).]
[PL 2009, c. 360, §§1, 2 (AMD).]
Terms Used In Maine Revised Statutes Title 38 Sec. 349-B
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. Debarment. The commissioner may, after hearing, debar from participation in contracts with the department for 2 years any individual or business found to have committed a repeat violation when either the time for filing an appeal of the determination of that violation has expired or the appeals process has been exhausted.
A. If an individual is debarred under this section, any business in which that individual holds a direct financial interest may also be debarred if the commissioner finds that the individual is in a position to substantially influence the business’s compliance with the laws and rules administered by the department. [PL 2009, c. 360, §3 (NEW).]
B. If a business is debarred under this section:
(1) Any individual that holds a direct financial interest in that debarred business may also be debarred if the commissioner finds that the individual knew or should have known of the actions or inactions upon which the debarment of the business is based and was or is in a position to substantially influence the debarred business’s compliance with the laws and rules administered by the department; and
(2) Any other business that holds a direct financial interest in that debarred business may also be debarred if the commissioner finds that either business was or is in a position to substantially influence compliance by the other business with the laws and rules administered by the department. [PL 2009, c. 360, §3 (NEW).]
[PL 2009, c. 360, §3 (AMD).]
SECTION HISTORY
PL 2007, c. 300, §1 (NEW). PL 2009, c. 360, §§1-3 (AMD).