2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 19-103 - Definitions

§19-103.

(a) In this title the following words have the meanings indicated.

(b) “Administrative law judge” means the individual assigned by the Office of Administrative Hearings to conduct a hearing under this title.

(c) (1) “Business entity” means any person, as defined in § 1-101(d) of this article, firm, sole proprietorship, partnership, corporation, limited liability company, or other business entity or a combination of any of these entities, including any financial institution, developer, consultant, prime contractor, subcontractor, supplier, or vendor, that has submitted a bid or proposal for, has been selected to engage in, or is engaged in providing goods or services to the State.

(2) “Business entity” does not include another governmental entity that is subject to Title VI of the Civil Rights Act of 1964.

(d) “Commercial customer” means a business entity that procured or attempted to procure goods or services from a business entity for business as opposed to personal, family, or household use.

(e) “Commercial Nondiscrimination Policy” means the provisions contained under this title and any regulations or documentation requirements adopted by the Commission on Civil Rights in accordance with this title.

(f) (1) “Commercial treatment” means the treatment of a vendor, supplier, subcontractor, or commercial customer by a business entity that affects the conduct of business and the terms and conditions under which business is transacted between two or more business entities.

(2) “Commercial treatment” does not mean treatment that is unrelated to a business transaction or the conduct of business.

(g) “Commission” means the Commission on Civil Rights.

(h) “Commission staff” means employees of the Commission on Civil Rights designated by the Commission to process, investigate, and pursue complaints filed under this title.

(i) “Contract” means an agreement with a business entity that is let by or on behalf of the State for that business entity to sell or lease supplies or goods, or to provide construction, real estate development, financial, insurance, professional, or other services to the State in return for a fee or any other form of compensation to be paid or provided by the State.

(j) (1) “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, supplier, subcontractor, or commercial customer on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners.

(2) “Discrimination” does not include lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the marketplace.

(k) “Economic development project” means a real estate development, construction, or renovation project for which the State provides:

(1) funding or other financial assistance, other than payments in exchange for goods or services;

(2) land;

(3) road improvements;

(4) tax credits; or

(5) a below market purchase price.

(l) (1) “Financial institution” means a person:

(i) engaged in the business of lending money, guaranteeing loans, extending credit, securing bonds, or providing venture or equity capital; or

(ii) that offers financial services in connection with State projects or the administration of State government.

(2) “Financial institution” includes banks, savings and loans, venture capital companies, insurance companies, bonding companies, mortgage companies, credit unions, and brokers.

(m) “Party” means:

(1) the person who has filed a complaint under this title;

(2) the respondent business entity that has been alleged to have violated this title; and

(3) the Commission that is responsible for investigating the complaint and rendering the initial findings.

(n) “Retaliate” means to take any action that has a material negative effect against any person, business or other entity for reporting any incident of discrimination, testifying as a witness at a hearing, or providing requested assistance to Commission staff in any investigation of an incident of discrimination under this title.

(o) “Services” includes construction, real estate development, financial, insurance, professional, and other services.

(p) “State subcontract” means an agreement for the provision of goods or the performance of a particular portion of work to be performed under a contract with the State, where:

(1) the party providing the goods or services is on reasonable notice that the work is to be performed under a State contract; and

(2) the amount to be paid for such goods and services is material with respect to the overall amount of the contract.

(q) “State subcontractor” means the party providing goods or services under a State subcontract.