2690                                 LAWS OF MARYLAND                               Ch. 775

INEXPENSIVE RESOLUTION OF APPEALS BEFORE THE APPEALS BOARD.

(3) A MEMBER OF THE BOARD MAY NOT PARTICIPATE IN
ANY DETERMINATION OR VOTE IN ANY PROCEEDING IN WHICH THE
MEMBER HAS A CONFLICT OF INTEREST AS DEFINED IN THE PUBLIC
ETHICS LAW, ARTICLE 40A, § 3-101.

7-203.

(A)  THE DECISIONS OF THE APPEALS BOARD ARE SUBJECT TO
JUDICIAL REVIEW IN ACCORDANCE WITH THE PROVISIONS OF THE
ADMINISTRATIVE PROCEDURE ACT AS THEY RELATE TO JUDICIAL
REVIEW OF CONTESTED CASES.

(B)  NOTWITHSTANDING THE PROVISIONS OF THE
ADMINISTRATIVE PROCEDURE ACT, ANY AGGRIEVED PARTY, INCLUDING
A STATE AGENCY, MAY APPEAL A FINAL DECISION OR PART THEREOF.

SECTION 10. AND BE IT FURTHER ENACTED, That Section(s)
231G-2 and 231M-1, respectively, of Article 41 - Governor -
Executive and Administrative Departments, of the Annotated
Code of Maryland be and they are hereby transferred, with
amendments, to be Section(s) 8-101 to be under the new title
"Title 8. Socioeconomic Policies" and the subtitle "Subtitle
1. Small Business Set-Asides"; and 8-201 to be under the new
subtitle "Subtitle 2. Disadvantaged Business Preference",
respectively, of the new Article 21 - Procurement, of the
Annotated Code of Maryland, to read as follows:

ARTICLE 21 - PROCUREMENT

TITLE 8. SOCIOECONOMIC POLICIES

SUBTITLE 1. SMALL BUSINESS SET-ASIDES

[231G-2.] 8-101.

(a) (1) In this section the following words have the
meanings indicated.

(2)  "Secretary" means the Secretary of General
Services, the Secretary of the Department of Transportation,
or the Superintendent of the State Department of Education
PRESIDENT OF THE UNIVERSITY OF MARYLAND.

(3)  "Small business" has the meaning established
by the Secretary in rules and regulations, subject to the
criteria set forth in subsection (b) of this section.

(4)  "Small business set-aside" means a purchase
request for which the Secretary invites bids from a list of
qualified bidders including small businesses.

(b) (1) The Secretary shall adopt rules and
regulations specifying the criteria for qualification as a
small business.