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Session Laws, 1988
Volume 770, Page 1729   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                     Ch. 48

Defined terms: "Appeals Board" § 15-101
"Contract claim" § 15-215 "Protest" § 15-215
"Unit" § 11-101

15-221. SAME — PROCEDURES.

(A)  PRIORITY OF PROTESTS.

IF A PERSON APPEALS THE DECISION OF A UNIT ABOUT A PROTEST,
THE APPEALS BOARD SHALL:

(1)  GIVE THAT CASE PRIORITY OVER OTHER MATTERS NOT
INVOLVING PROTESTS BEFORE THE APPEALS BOARD; AND

(2)  DECIDE IT EXPEDITIOUSLY.

(B)  BRIEFS.

(1)  FOR ANY APPEAL, THE APPEALS BOARD MAY REQUIRE
EACH PARTY TO FILE A BRIEF.

(2)  IF BRIEFS ARE REQUIRED, THE APPEALS BOARD SHALL
ESTABLISH THE ORDER AND TIME LIMITS FOR FILING BRIEFS AFTER
CONSULTATION WITH BOTH PARTIES.

(C)  DISCOVERY — IN GENERAL.

EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, IN A
CASE BEFORE THE APPEALS BOARD, A PARTY MAY OBTAIN DISCOVERY ABOUT
ANY MATTER THAT:

(1)  IS NOT PRIVILEGED; AND

(2)  IS RELEVANT TO THE SUBJECT MATTER INVOLVED IN
THAT CASE.

(D)  SAME — PROTESTS.

IN AN APPEAL FROM A DECISION ABOUT A PROTEST, DISCOVERY
SHALL BE LIMITED TO REQUESTS FOR THE PRODUCTION OF DOCUMENTS
UNLESS THE APPEALS BOARD DETERMINES THAT EXTRAORDINARY
CIRCUMSTANCES REQUIRE ADDITIONAL LIMITED DISCOVERY TO AVOID
SUBSTANTIAL UNFAIRNESS OR PREJUDICE.

(E)  FINAL DECISIONS — CONTRACT CLAIMS.

- 1729 -

an appeal, the former law implied that the Appeals
Board does not have jurisdiction over contract claims
relating to real property leases. As revised, §
15-211(a)(2) of this subtitle expressly states that
the Appeals Board does not have jurisdiction over a
contract claim relating to a lease of real property.

 

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Session Laws, 1988
Volume 770, Page 1729   View pdf image
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