3810
VETOES
Article 21 - Procurement
7-202.
(c) (1) The Appeals Board shall have jurisdiction to hear
and decide all appeals arising under the provisions of § 7-201(d)
of this article.
(2) [Proceedings] EXCEPT AS PROVIDED IN PARAGRAPH
(3) OF THIS SUBSECTION, PROCEEDINGS before the Appeals Board
shall be conducted in accordance with the provisions of the
Administrative Procedure Act as they relate to contested cases
before agencies. The Appeals Board shall, in accordance with the
provisions of the Administrative Procedure Act, adopt regulations
which are not inconsistent with that act to provide for informal,
expeditious, and inexpensive resolution of appeals before the
Appeals Board.
(3) THE FOLLOWING TIME LIMITS SHALL APPLY TO CONTRACT
DISPUTE PROCEEDINGS BEFORE THE APPEALS BOARD UNLESS ALL PARTIES
IN A CASE AGREE TO A WAIVER OF ONE OR MORE OF THE TIME LIMITS:
(I) THE APPELLANT'S BRIEF SHALL BE FILED WITHIN
40 DAYS AFTER THE PRESENTATION OF EVIDENCE IN THE CASE;
(II) THE APPELLEE'S BRIEF SHALL BE FILED WITHIN
30 DAYS AFTER THE FILING OF THE APPELLANT'S BRIEF;
(III) THE APPELLANT'S REPLY BRIEF, IF ANY,
SHALL BE FILED WITHIN 20 DAYS AFTER THE FILING OF THE APPELLEE'S
BRIEF; AND
(I) BRIEFS A BRIEF, IF REQUIRED, SHALL BE FILED
BY THE APPELLANT AND THE RESPONDENT IN THE ORDER AND WITHIN THE
TIME LIMITS ESTABLISHED BY THE PRESIDING APPEALS BOARD MEMBER
AFTER CONSULTATION WITH BOTH PARTIES; AND
(IV) (II) THE FINAL DECISION OF THE APPEALS
BOARD SHALL BE RENDERED WITHIN 120 180 DAYS AFTER ALL BRIEFS IN
THE CASE HAVE BEEN FILED OR THE RECORD IS OTHERWISE CLOSED,
WHICHEVER IS LATER, UNLESS BOTH PARTIES TO THE CONTRACT DISPUTE
AGREE TO AN ENLARGEMENT OF THIS PERIOD.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985 January 1, 1986.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of
Maryland read as follows:
Article - State Finance and Procurement
11-138.
|