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Session Laws, 1988
Volume 770, Page 1730   View pdf image
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Ch. 48

LAWS OF MARYLAND

IN AN APPEAL FROM A DECISION ABOUT A CONTRACT CLAIM, UNLESS
BOTH PARTIES AGREE TO A LONGER PERIOD, THE APPEALS BOARD SHALL
ISSUE ITS FINAL DECISION WITHIN 180 DAYS AFTER THE DAY ON WHICH:

(1)  ALL BRIEFS HAVE BEEN FILED; OR

(2)  IF LATER, THE RECORD HAS BEEN CLOSED.

REVISOR'S NOTE: Subsections (a), (b)(2), (c), (d), and (e)
of this section are new language derived without
substantive change from former SF § ll-138(c)(3) and
(4) and § 11-137(f)(1)(i), as that item referred to
deciding a protest "expeditiously".

Subsection (b)(1)     of this section is new language

added to state that   which only was implied in the

former law, i.e.,   that the Appeals Board may require
briefs.

Defined terms: "Appeals Board" § 15-201
"Contract claim" § 15-215 "Person" § 11-101
"Protest" § 15-215 "Unit" § 11-101

15-222. INTEREST.

(A)  AWARD — AUTHORIZED.

NOTWITHSTANDING ANY PROVISION OF A PROCUREMENT CONTRACT, THE
APPEALS BOARD MAY AWARD INTEREST ON MONEY THAT THE APPEALS BOARD
DETERMINES TO BE DUE TO THE CONTRACTOR UNDER A CONTRACT CLAIM.

(B)  SAME — ACCRUAL.

(1)  SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION,
INTEREST MAY ACCRUE FROM A DAY THAT THE APPEALS BOARD DETERMINES
TO BE FAIR AND REASONABLE AFTER HEARING ALL THE FACTS UNTIL THE
DAY OF THE DECISION BY THE APPEALS BOARD.

(2)  INTEREST MAY NOT ACCRUE BEFORE THE PROCUREMENT
OFFICER RECEIVES A CONTRACT CLAIM FROM THE CONTRACTOR.

(C)  INTEREST ON DECISION.

(1)  SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, AN
AWARD UNDER A DECISION BY THE APPEALS BOARD SHALL ACCRUE INTEREST
UNTIL THE DAY ON WHICH THE AWARD IS PAID.

(2)  IF AN AWARD IS REDUCED AS A RESULT OF A JUDICIAL
REVIEW OF THE DECISION OF THE APPEALS BOARD, INTEREST SHALL BE
PAID ONLY ON THE REDUCED AWARD.

(D)  RATE.

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Session Laws, 1988
Volume 770, Page 1730   View pdf image
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