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PARRIS N. GLENDENING, Governor Ch. 683
CONTRACTOR IN ACCORDANCE WITH PARAGRAPH (2) OF THIS SUBSECTION IF THE
APPEALS BOARD FINDS THAT, IN PROCESSING OR RENDERING A DECISION UNDER A
CONTRACT CLAIM, OR IN PROVIDING PARTIAL PAYMENT UNDER A CONTRACT FOR
CONSTRUCTION AS REQUIRED UNDER § 15-219(E) OF THIS SUBTITLE, THE
PROCUREMENT OFFICER OR OTHER RESPONSIBLE AGENCY PERSONNEL'S ACTION
WAS SO ARBITRARY OR CAPRICIOUS, FRAUDULENT, OR GROSSLY ERRONEOUS AS
TO NECESSARILY IMPLY BAD FAITH.
(2) A PENALTY PAYMENT AWARDED UNDER THIS SECTION MAY NOT
EXCEED 100% OF THE AMOUNT:
(I) AWARDED TO THE CONTRACTOR BY THE APPEALS BOARD ON
THE CONTRACT CLAIM;
(II) THAT SHOULD HAVE BEEN PAID UNDER § 15-219(E) OF THIS
SUBTITLE IF THE APPEALS BOARD FINDS THAT THE BAD FAITH EXTENDED SOLELY
TO THE ISSUE OF PARTIAL PAYMENT AS REQUIRED UNDER THAT SUBSECTION.
(B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A PENALTY
PAYMENT AWARDED UNDER A DECISION BY THE APPEALS BOARD SHALL ACCRUE
INTEREST UNTIL THE DAY ON WHICH THE PENALTY IS PAID.
(2) THE RATE OF INTEREST UNDER TIES SECTION SHALL BE THE RATE
OF INTEREST ON JUDGMENTS AS PROVIDED UNDER § 11-107(A) OF THE COURTS
ARTICLE.
(3) IF A PENALTY IS REDUCED AS A RESULT OF A JUDICIAL REVIEW OF
THE DECISION OF THE APPEALS BOARD, INTEREST SHALL BE PAID ONLY ON THE
REDUCED PENALTY.
(C) IF THE AGENCY RESPONSIBLE FOR A PENALTY AWARDED UNDER THIS
SECTION LACKS ADEQUATE FUNDS TO PAY THE PENALTY, THE GOVERNOR SHALL
INCLUDE IN THE BUDGET BILL AN AMOUNT THAT IS ADEQUATE TO SATISFY, AFTER
THE EXHAUSTION OF THE RIGHTS OF APPEAL, THE PENALTY AND INTEREST THAT IS
RENDERED AGAINST THE AGENCY.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1996.
Approved May 23, 1996.
CHAPTER 683
(House Bill 414)
AN ACT concerning
Election Laws - Board of Supervisors of Elections - Employees - Residency
FOR the purpose of repealing the requirement that each employee of a local board of
supervisors of elections be a resident of the county where the board is located; and
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