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Session Laws, 1988
Volume 770, Page 1731   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 48

THE RATE OF INTEREST UNDER THIS SECTION SHALL BE THE RATE OF
INTEREST ON JUDGMENTS AS PROVIDED UNDER § 11-107(A) OF THE COURTS
ARTICLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF §§ ll-137(j)
and ll-139(c).

Defined terms: "Appeals Board" § 15-201
"Contract claim" § 15-215
"Procurement officer" § 11-101

15-223. JUDICIAL REVIEW AND ENFORCEMENT.

(A)  IN GENERAL.

(1)  A DECISION OF THE APPEALS BOARD IS SUBJECT TO
JUDICIAL REVIEW IN ACCORDANCE WITH § 10-215 OF THE STATE
GOVERNMENT ARTICLE.

(2)  ANY PARTY TO AN APPEALS BOARD DECISION, INCLUDING
A UNIT, MAY APPEAL A FINAL DECISION OF THE APPEALS BOARD TO A
COURT OF COMPETENT JURISDICTION.

(B)  ENFORCEMENT OF DECISIONS.

WHEN A DECISION ABOUT A PROTEST OR CONTRACT CLAIM HAS BECOME
FINAL AND IS NO LONGER SUBJECT TO JUDICIAL REVIEW, THE
DETERMINATION SHALL BE ENFORCEABLE IN THE APPROPRIATE COURT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF §§ ll-137(e)
and 11-139.

In subsection (a)(2) of this section, the former
phrase "[n]otwithstanding the Administrative Procedure
Act" is deleted as unnecessary since nothing in the
Administrative Procedure Act prevents a unit from
seeking judicial review of a decision of the Appeals
Board. See Md. Port Adm. v. C. J. Langenfelder, 50
Md. App. 525 (1982).

In subsection (b) of this section, the reference to "a
protest or contract claim" is substituted for the
former reference to "a complaint under subsections (b)
through (d)", for clarity, since former § ll-137(b)
through (d), which is scattered throughout this
revision, related to the procedures for resolving
protests and contract claims.

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Session Laws, 1988
Volume 770, Page 1731   View pdf image
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