3374

LAWS OF MARYLAND

Ch. 840

(6)  Members of the Appeals Board shall serve full
time, receive the compensation provided for in the budget, and be
reimbursed for expenses under the Standard State Travel
Regulations.

(7)  The Appeals Board shall have such staff as is
provided for in the budget.

(8)  The Governor shall designate one of the members
of the Appeals Board to serve as chairman.

(c) (1) The Appeals Board shall have jurisdiction to hear
and decide all appeals arising under the provisions of §
[17-201(d)] 11-137(F) of this [article] SUBTITLE.

(2)  (I) 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] TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT
ARTICLE (ADMINISTRATIVE PROCEDURE ACT - CONTESTED CASES).

(II) The Appeals Board [shall], in accordance
with the provisions of [the Administrative Procedure Act] TITLE
10, SUBTITLE 1 OF THE STATE GOVERNMENT ARTICLE (ADMINISTRATIVE
PROCEDURE ACT - REGULATIONS), SHALL adopt regulations [which]
THAT 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 preceedings before the Appeals Board:

(i) [A] 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

(ii) [The] THE final decision of the Appeals
Board shall be rendered within 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.

(4)  (I) EXCEPT AS PROVIDED IN ITEM (II) OF THIS
SUBPARAGRAPH ANY PARTY TO A DISPUTE BEFORE THE APPEALS BOARD MAY
OBTAIN DISCOVERY REGARDING ANY MATTER THAT IS NOT PRIVILEGED AND
THAT IS RELEVANT TO THE SUBJECT MATTER INVOLVED IN THE PENDING
APPEAL.

(II) IN AN APPEAL CONCERNING A COMPLAINT
RELATING TO THE FORMATION OF A CONTRACT, UNLESS THE APPEALS BOARD
FINDS THAT EXTRAORDINARY CIRCUMSTANCES REQUIRE LIMITED ADDITIONAL
DISCOVERY TO AVOID EITHER SUBSTANTIAL UNFAIRNESS OR PREJUDICE, IN
A BID PROTEST APPEAL DISCOVERY SHALL BE LIMITED TO REQUESTS FOR
PRODUCTION OF DOCUMENTS.